Eminent Domain Lawyers in South Carolina

Defending Your Property Rights in South Carolina Eminent Domain Cases

Property owners expect that they can enjoy and use their land for any legal purpose without their rights being infringed. Unfortunately, many learn through the eminent domain process that this isn’t always the case. Even if you’re on private land that has been in your family for generations, it’s possible that the government or quasi-government agencies (e.g., utility companies, railroads) could come in and claim it. If you’re going through this scenario, it’s imperative to seek an eminent domain attorney in South Carolina.

At Chad Brown Law, PLLC, our legal team is dedicated to fighting for the property rights of our clients. In some situations, this means stopping eminent domain and condemnation in its tracks. In other instances, it means ensuring our clients get just compensation for the loss of their property. The specifics of your case will dictate the options available, but you should never try to take on the government alone. We offer free consultations at our law firm, so you have nothing to risk by reaching out.

How Can the Government Take Private Property?

While eminent domain may sound like a violation of constitutional rights, this power is actually provided to the government within the United States Constitution. When the acquisition of land is necessary for a public project or the public benefit, the government and related agencies have the legal right to take the land. However, the section of the Constitution that provides this power also grants certain rights to the owners of the private property that is being taken.

Most importantly, landowners have the right to just compensation. This means the value of the property prior to eminent domain will be assessed so the owner can be properly compensated. However, this process isn’t always as fair and transparent as it should be. In some cases, a condemning authority will try to minimize the compensation owed by claiming the property is worth less. The government wants to acquire land for as little as possible.

When you’re up against such eminent domain issues, don’t take on the fight alone. While the government has broad authority in these cases, you have rights as well. Our South Carolina eminent domain lawyers are here to help you understand and protect those rights.

What Are Your Rights Under Eminent Domain?

Property owners have the right to just compensation in any eminent domain case. However, this is far from where their rights end. Whether a person is going up against the federal government or a local utility company, they have certain protections under the law. In addition to fair compensation, property owners also have the following rights:

  • Notice and due process: The government must provide notice of its intent and due process to the owner.
  • Right to a hearing: Property owners can request a hearing or trial to determine fair compensation.
  • Right to legal representation: You can also have an eminent domain lawyer in your corner.
  • Appraisal rights: You don’t have to accept the government’s appraisal. You can seek your own.
  • Right to challenge public use: You may be able to stop condemnation entirely by showing that your land isn’t necessary or being used to serve the public.
  • Severance damages: Any negative impacts on your remaining property could result in additional compensation.
  • Relocation benefits: The government may have to pay relocation costs when landowners are displaced.
  • Prompt compensation: Compensation should be issued without improper delay.
  • Monetary reimbursement: If a property owner is successful in their challenge, the government may have to pay their attorneys’ fees.

Whether the government is taking the land of regular property owners or private corporations, their intended targets have a variety of rights. Even if you’re offered the fair market value of your property, the factors unique to your case could dictate that you deserve more. The government has broad authority when it chooses to condemn property, but an eminent domain attorney in South Carolina can make sure your rights are adequately represented.

Contact Chad Brown Law today for a free consultation.

What Is Inverse Eminent Domain Law?

There are times when the government restricts or harms a landowner’s rights without actually taking their land. This happens when government actions devalue a property or interfere with its intended use. These types of regulatory takings occur without the government officially engaging in the eminent domain process. In such a situation, the property owner could initiate an inverse eminent domain action to force the government to purchase their land.

For instance, envision a scenario where someone buys a large parcel of land with the intent of building a profitable residential area. In response to concerns from local environmental activists or neighboring properties, the government passes a zoning regulation that restricts residential development potential on the land. While not even a partial taking has actually occurred, these actions effectively remove the property owner’s rights to use their land as they see fit.

These are some of the most complex eminent domain cases, and it’s imperative for individuals in this situation to understand what they’re up against. A South Carolina eminent domain attorney can help you understand your rights and how to hold the government accountable. There’s no need to take on this burden alone since we offer free initial consultations at Chad Brown Law. Reach out today.

Contact an Eminent Domain Attorney in South Carolina Today

If a person is lucky, they’ll never have to face eminent domain matters in their life. Unfortunately, more and more people are finding themselves in this situation. Recent infrastructure legislation will significantly increase the use of eminent domain, and this means more private landowners will face the prospect of losing their property. However, it’s important to remember that you have rights during an eminent domain and condemnation proceeding. Make sure you’re protecting and exercising these rights by seeking legal counsel.

At Chad Brown Law, PLLC, we know that going up against the government and its related agencies can be intimidating. Any condemning authority has substantial power, but this doesn’t mean you have no options. It’s important to work with a local attorney who understands the laws and issues in your community. This is why you should speak with an experienced eminent domain attorney — before doing anything else. At Chad Brown Law, we’re here to help.

Contact us today at 336-962-5373 to schedule your free consultation.