Eminent Domain and Land Condemnation Lawyers
Assisting Property Owners Across North Carolina and South Carolina
Eminent domain is the government’s right to acquire private property for public use. A traditional governmental entity includes a federal, state, or city government. Agencies or entities created by the government, such as a school district, a public utility company, or a hospital district, may also be able to exercise the power of eminent domain. These entities are often known as quasi-government agencies.
Under the Fifth Amendment of the U.S. Constitution, private property cannot be taken for public use without just compensation. This is usually defined as the fair market value of the property. The South Carolina Eminent Domain Procedure Act contains the state laws in this area. Under the Act, the government can commence an action for the acquisition of an interest in any real property necessary for a public purpose. The law also provides that the government may take possession of the property in certain instances. For example, the government can take possession of a property at any time upon written consent of the owner or owners on record, or upon payment to the property owner of a compensation amount on which they have mutually agreed.
Understanding Eminent Domain and Land Condemnation
The terms “eminent domain” and “condemnation” are sometimes used interchangeably. It is important to remember that condemnation refers to the legal process, such as the judicial or administrative proceeding, that the government uses to exercise the power of eminent domain. Inverse condemnation takes place when the property owner initiates the action, rather than the government, alleging that the government has acquired an interest in his or her land without providing just compensation. In other words, the owner sues the government under the theory that he or she is entitled to fair compensation, just as under ordinary condemnation, because his or her property has been greatly damaged or reduced in value. For instance, excessive noise from an airport might greatly devalue an individual’s private residential property.
Consult a Lawyer When Facing Condemnation
At Grimes Teich Anderson, our dedicated eminent domain litigation attorneys can help protect the rights of North Carolina and South Carolina property owners facing government takings or trying to sue for inverse condemnation. We can carefully explore the details of your situation and represent you diligently throughout the process. We closely monitor the status of each case and keep our clients informed at every step of the way. To set up an initial appointment with us, you can contact us online or call us at 800-533-6845.