Thank you for your interest in Chad Brown Law. If you are viewing this content, then it is likely that you are facing the possibility that some, if not all, of your property will be taken from you by a condemning authority. A “condemning” authority (or “condemnor”) is any entity that has the right to take your property for a public purpose. (Such as widening or extending a road)
The Eminent Domain Attorneys at Chad Brown Law are here for you, and, as a token of that support, we have prepared the following information to hopefully help you better understand what the project is all about and why the condemnor has targeted your property.
A. Name of Project: US Route 521 Shoulder Improvement
If you would like more information about this project, please visit the South Carolina Department of Transportation’s website and type “Rural Roads Safety Project US 521.” This should lead to the appropriate website.
B. Who will be condemning/taking the properties? South Carolina Department of Transportation. (SCDOT)
C. What are they taking? The SCDOT will be taking approximately 6.3 miles of road-front property along US 521 to install shoulders along the road for safety. The takings will start approximately 2,000 feet south of S-1049 (Spencer Road) to approximately 1,200 feet north of S-2 (Old Boykin Mill Road).
D. When will they be taking it? The acquisition of these properties has not been commenced yet. No date has been set.
E. Why are they taking the property? The SCDOT has identified this area as a high-risk area for run-off-the-road crashes. Therefore, to alleviate that problem, they will be installing shoulders along the side of the road to prevent that. However, it is crucial that landowners along his section of US 521 retain counsel to ensure that the SCDOT doesn’t inadvertently block access to property.
F. How can they take it? The SCDOT can take your property through the exercise of eminent domain. However, the county is supposed to compensate you for the property that they take from you. The typical measure for compensation is normally the “fair market value” of the property being taken. This can be measured in various ways according to law and should be discussed with your attorney.