In South Carolina, a property owner has the right to challenge a condemnation case, which is when the government or a private entity exercises its power of eminent domain to take private property for public use.
Some of the common challenges that a property owner can make in a condemnation case include:
- Challenging the public purpose: The property owner can argue that the proposed use of the property is not for a public purpose or that the taking of the property is not necessary to achieve that purpose.
- Contesting the compensation offered: The property owner can dispute the amount of just compensation offered by the condemning authority, which should be fair and just. The owner can hire an independent appraiser to provide an opinion on the property's value.
- Procedural defects: The property owner can challenge the condemnation on the grounds of procedural defects in the condemnation process, such as failure to follow proper notice and hearing requirements.
- Challenging the necessity of the taking: The property owner can argue that the taking of the property is not necessary, or that there are alternative options available that would not require the taking of the property.
It is important to note that the condemnation process can be complex, and property owners facing eminent domain proceedings are advised to seek the assistance of an experienced attorney to represent them and protect their rights. Attorney Ryan F. McCarty has helped landowners receive just compensation after a government entity or utility seizes their property through condemnation. Contact KD Trial Lawyers today at (864) 585-5100 or www.spartanlaw.com to assist you in the litigation of these cases.