What is Eminent Domain in South Carolina?
In South Carolina, the government has the right to acquire private property for a public purpose. Still, certain procedures must be followed and you must be fairly compensated. Being contacted by the government and told that they are going to take your property is very scary and stressful. It is very important that you understand the process and the protections provided to you under the law. Below, our Daniel Island condemnation lawyer explains further.
Surveys
After providing you with a reasonable amount of notice, the government has the right to enter your property for the purpose of surveying the premises, determining what improvements must be made, and appraising the property. If you do not give the government permission to enter the premises, a court order may be issued. This order will allow the government to survey your property without your permission.
Compensation
The government must appraise the property to obtain a fair market value so they can provide you with reasonable compensation. The government must make this appraisal available to you so you can understand whether or not the compensation offer is fair. If not, you can enter into negotiations to receive the fair compensation you deserve for your property.
Condemnation Notices
If you and the government cannot agree to a compensation amount, the government can file a condemnation notice. To do this, the government entity must also submit its determination of fair compensation with the clerk of the court. The agency must also notify you that it has filed for condemnation. After submitting the funds, the government then has the authority to take control of your property. Depending on the source of the funds, you can then withdraw either 50 or 100 percent. Once you have withdrawn the funds, you cannot challenge the government but you can pursue additional compensation.
Taxes and Mortgage Penalties
The government will receive a credit for taxes that are due for the year they acquire your property. However, it is also the government’s responsibility to pay taxes on the property for that year. Additionally, if you face penalties for prepaying your mortgage, the government is also liable for paying those fees.
Trials vs. Appraisal Panels
When the government wishes to acquire your property for a public purpose, they can start using an appraisal panel or a trial. Appraisal panels are rarely used in South Carolina, as either side can appeal the decision afterward. As such, trials are the more common way for the government to proceed. Eminent domain trials are heard before a judge and jury, unless you and the government have both rejected a jury trial.
Our Condemnation Lawyer in Daniel Island Can Advise You of Your Rights
Learning that the government wants to take control of your property is very stressful. At Fuller Law Firm, our Daniel Island condemnation lawyer can help make the process easier while also negotiating for the fair compensation you are entitled to. Call us now at 843-277-0013 or contact us online to request a consultation and to learn more.
Source:
scstatehouse.gov/code/t28c002.php
