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South Carolina's Eminent Domain Laws and Property Rights

Meet OCA's South Carolina Attorney

Jeff Tibbals

Jeff Tibbals

With an established track record of success, Jeff Tibbals is an eminent domain attorney who serves clients by obtaining just compensation for landowners in condemnation matters. He also provides experienced guidance and creativity to solve other high-stakes, high-profile, and intricate real estate problems. The majority of Jeff’s cases involve questions of Constitutional law, including eminent domain and the Fifth Amendment promise of just compensation for the taking of private property for public use. Jeff has also served as a leader in South Carolina in the fight for access to justice for all citizens, chairing the South Carolina Bar Pro Bono Board for two years (2018-2019), and as a member of the Board for five years. Jeff’s cases and insights have garnered local media attention on several occasions, generally relating to the benefit of his work for both the interests of his clients and the public good.

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South Carolina

Jeff Tibbals
735 Johnnie Dodds Blvd., Suite 104
Mount Pleasant, South Carolina 29464
Tel: 843.881.1623 | Fax: 843.881.4406
jst@bybeetibbals.com | www.bybeetibbals.com

Significant Eminent Domain Representations and Reported Decisions

  • Counsel for Landowner in Berkeley County road right-of-way and utility easement cases, offered $108,900.00, settled for $216,000.00. 2023.
  • Counsel for Landowner in several takings by Dominion Energy for gas easement, offered $670,000.00, settled for $946,721.28. 2023.
  • Counsel for Landowner in roadway right-of-way taking, offer of $39,400.00, settled for $160,000.00. 2023.
  • Counsel for Landowner in Charleston County taking for government building complex, offered $2,100,000.00, settled for $2,500,000.00. 2022.
  • Counsel for Landowner in Berkeley County highway right-of-way taking, offered $202,700.00, settled for $800,00.00. 2022.
  • Counsel for Lesse in major SCDOT highway project Carolina Crossroads spanning multiple tracts in Richland and Lexington Counties. 2022-Present.
  • Counsel for Landowner in Berkeley County highway right-of-way taking, offered $134,170.00, settled for $300,000.00. 2022.
  • Counsel for Landowner in SCDOT road right-of-way taking, offered $1,900.00, settled for $79,511.14, plus plan changes and residential property. 2022.
  • Counsel for Landowner in road right-of-way and utility easement taking, offer of $280,000.00, settled for $840,000.00. 2022.
  • Counsel for Landowner in easement and restrictive covenant dispute obtained summary judgment, prevailing in case. 2022.
  • Counsel for Landowner in eminent domain case involving taking by Charleston County for government office building, offered $260,000.00, settled for $500,000.00. 2021.
  • Counsel for Landowner in SCDOT highway ROW taking, offered $4,900.00, settled for $15,000.00. 2021.
  • Counsel for Landowner in Berkeley County Road right-of-way and utility easement cases, offered $580,700.00, settled for $2,824,700.00. 2021.
  • Counsel for Landowner in eminent domain case involving taking by Charleson County for government office building, offered $1,050,000.00, settled for $1,400,000.00. 2021.
  • Counsel for Landowner in Eminent Domain case involving Dominion Energy taking of electrical power line easement across several tracts, offered $1,786,800.00, settled for $3,250,000.00. 2021.
  • Lead trial counsel in specific performance case for buyer relating to property in City of Charleston against Charleston County School District and State of South Carolina. 2021.
  • Counsel for Landowner in SCDOT road right-of-way taking, offered $98,000.00, settled for $3,250,000.00. 2021.
  • Counsel for Landowner in eminent domain case involving taking by South Carolina State Authority, offered $1,166,800.00, settled for $3,289,312.59. 2021.
  • Counsel for CSX in several SCDOT takings of railway corridor takings. 2021-2023.
  • Counsel for Landowner in road ROW taking, offer of $202,630.00, settled for $1,595,000.00. 2021.
  • Lead trial counsel in title to marsh case for Landowner in Mt. Pleasant, SC. 2020-2021.
  • Trial Counsel in eminent domain jury trial in Barnwell County, South Carolina, obtained jury verdict 100x amount of offer. 2019.
  • Counsel for Landowner in right of way taking of railroad corridor by state -owned railway, offer of $1,705,500.00, settled for $4,500,00.00. 2019.
  • Counsel for Landowner in Berkeley County zoning dispute, successful in obtaining permit. 2018-2020.
  • Lead trial counsel for Landowner on Kiawah Island, South Carolina in title to Marsh Case. 2018.
  • Counsel for multi-national timberland REIT in eminent domain cases involving takings of timber producing and development tracts by state-owned railway company. 2018-2023.
  • Counsel for Landowner in multijurisdictional takings case, zoning and constitutional property rights case involving more than 300 acres in Beaufort County, South Carolina. Involved state and federal court proceeding and appeal to the United States Court of Appeals for the Fourth Circuit. 2017-2023.
  • Lead counsel in sophisticated and high-stakes real estate litigation involving more than 200 acres of prime development property in the City of Charleston on the Ashley River. Represented the lender entity, Magnolia/ARC Lender, LLC (“MARC”), which held secured debt of more than $20mm on the property. Prevailed upon all claims in litigation spanning state court, federal district court, and an adversary proceeding in bankruptcy court. 2016.
  • Lead counsel in $15mm dispute between REIT and a corporate tenant with numerous leases nationwide. Achieved favorable resolution of dispute (payment of 100% of amount owed). 2016.
  • Lead counsel in litigation against Town of Mount Pleasant, South Carolina, challenging denial of vested rights for approximately $30mm luxury apartment complex. Subsequent to the filing of the lawsuit and a hearing on a motion for a writ of mandamus, Town Council moved to reconsider, and granted the vested rights extension, as required by law. The case garnered significant media attention and was the subject of several newspaper articles. 2016.
  • Lead counsel in complex commercial contract dispute involving a damages claim of several hundred thousand dollars. Developed and implemented strategy to remove case to federal court and transfer venue in accordance with the contractual forum selection clause.
  • Prevailed upon motions and Plaintiff reduced its demand to a fraction (one sixteenth) of its pre-suit demand. 2016.
  • Lead counsel in several day jury trial in state court in Lexington County, South Carolina, on alleged construction defects. Plaintiffs sought more than $1m in damages. Case settled favorably for client just prior to judicial decision on motion for directed verdict. 2016.
  • Lead counsel in complex foreclosure matter involving mixed-use property with conservation easements on portion of collateral. Prevailed in contentious litigation and two bankruptcy filings to achieve results of $1.5mm sale and $400k deficiency judgment. 2015.
  • Lead counsel, prevailed on an appeal to the South Carolina Supreme Court seeking to overturn an award of litigation expenses awarded post-trial in eminent domain case. 2015.
  • Defeated class certification sought by timeshare owners who alleged that developer had breached the provisions of the governing documents of the vacation timeshare property in several material respects. 2015.
  • Lead counsel in high-profile workout of $8,400,000 loan on proposed development property near the Angel Oak tree in Charleston, SC (Johns Island). Matter involved navigation of sensitive environmental issues, significant media coverage, and negotiations with local political officials and groups including Charleston Mayor Joe Riley, Charleston County Council members, and Lowcountry Open Land Trust, among others, 2014.
  • Lead trial counsel, prevailed in bench trial in boundary line dispute between multimillion dollar commercial tracts in downtown Charleston. 2014.
  • Lead defense counsel in federal district court, negotiated pretrial settlement of $75,000 on plaintiff’s claim for $1.8mm. 2014.
  • Lead counsel, prevailed in constitutional challenge of local zoning ordinance regarding telecommunications tower permitting fees in Liberty County, Georgia. 2013.
  • Lead trial counsel in bench trial in eminent domain just compensation case, obtaining judgment for client landowner of $900,000 for the taking (versus offer of $201,000), plus over $100,000 in interest, and attorneys’ fees award. 2012.
  • Lead counsel in several foreclosures and workouts on commercial, investment and development properties, including $2,400,000 loan on investment property in Charleston County; $7,250,000.00 loan on Dorchester County development property; and $8,400,000.00 loan on Charleston County development property, as well as numerous other loans. Obtained several judgments in foreclosure cases and supervised several transactions on deeds in lieu of foreclosure. 2008-2013.
  • Lead counsel in real property contract dispute on large proposed multiuse development parcel, obtained summary judgment, including attorneys’ fees award, in favor of client Boyd Capital, LLC in state court in Jasper County. Upheld on appeal in MPI South Carolina – 1, LLC v. Levy Center, LLC, et al., Unpublished Opinion No. 2011-UP- 065, South Carolina Court of Appeals (2011)
  • Lead litigation counsel, obtained summary judgment including attorneys’ fee award in state court in Beaufort County six-figure real property contract dispute. Case settled favorably during appeal. 2010.
  • Lead litigation counsel in successful defense of condominium unit owner seeking to construct a one-story addition. 2008.
  • In a landmark case in South Carolina relating to condominium law, prevailed at the trial court level and on appeal in a case representing the developer of a 216 unit, 10 building multi-family apartment complex seeking to convert the units to a condominium form of ownership. Defeated claims by Declarant that restrictions prohibiting the subdivision of the property eliminated the developer’s right to convert the condominiums. Penny Creek Associates, LLC v. Fenwick Tarragon Apartments, LLC, 375 S.C. 267, 651 S.E.2d 617 (S.C.App. 2007).
  • As litigation counsel, obtained class certification order in federal district court on behalf of class of plaintiff homeowners alleging defects in a composite wood trim product. Class certification order upheld by United States Court of Appeals for the Fourth Circuit. Thomas v. Louisiana-Pacific Corp. , 246 F.R.D. 505 (D.S.C. 2007).
  • As lead litigation counsel, obtained summary judgment in the United States District Court for the District of South Carolina, including an award of attorneys’ fees, on specific performance action for client, contract purchaser of $840,000 property. Shay v. Austin , 466 F.Supp.2d 664 (D.S.C. 2006).
  • Defended the Belle W. Baruch Foundation at a two week long bench trial, which resulted in a “take nothing” judgment in a property dispute concerning approximately 80 coastal acres in Georgetown County. 2004.
  • Second Chair at two week long jury trial in the United States District Court for the Eastern District of Virginia in case representing tenant involving the applicability and effect of restrictive covenants in commercial lease. Negotiated seven figure settlement payment by landlord just prior to closing arguments. 2003.

Education

  • Washington and Lee University, B.A., 1995
  • Tulane University, J.D., 1999
  • Tulane University, Certificate in Environmental Studies

Bar Admissions

  • South Carolina
  • Virginia (Inactive Status)
  • Maryland (Inactive Status)
  • District of Columbia
  • U.S. District Court, District of South Carolina
  • U.S. District Court, District of Columbia
  • U.S. Fourth Circuit Court of Appeals

Membership

  • Reappointed as Chair for the City of Charleston Board of Zoning Appeals 2023-2026.
  • Vice-Chair, Pro Bono Board, South Carolina Bar, 2016-Present.
  • Co-Chair, Real Estate Litigation & Condemnation Committee, ABA Section of Litigation, 2012-2016.
  • Chair, Nexsen Pruet, LLC Pro Bono Committee, 2007-2009; 2013-2017.
  • Fellow, Riley Institute at Furman’s Diversity Leaders Initiative, 2016.
  • Member, Charleston County Business License/User Fee Appeals Board, 2011-2014.
  • Vice-Chair, Real Estate Litigation Committee, ABA Section of Litigation, 2011-2012.
  • Co-Chair, Title Insurance Subcommittee, Real Estate Litigation Committee, ABA Section of Litigation, 2009-2011.
  • Member, Board of Trustees, Charleston Stage Company, Inc., 2008-2010.
  • Member, SC Bar Practice and Procedure Committee, 2008-2009.
  • Carolina Yacht Club
  • St. Philip’s Church
  • James L. Petigru American Inn of Court

Recognitions & Honors

  • Martindale Hubbell, AV Preeminent, Peer Review Rated (2012-2018).
  • Best Lawyers in America® (Commercial Litigation) (2016-2017).
  • South Carolina Super Lawyers “Rising Star” in Business Litigation (2012, 2013)
  • The Charleston Regional Business Journal’s Forty Under 40 List (2009)
  • Leadership Charleston (2007)

Significant Eminent Domain Representations and Reported Decisions

  • Counsel for Landowner in Berkeley County road right-of-way and utility easement cases, offered $108,900.00, settled for $216,000.00. 2023.
  • Counsel for Landowner in several takings by Dominion Energy for gas easement, offered $670,000.00, settled for $946,721.28. 2023.
  • Counsel for Landowner in roadway right-of-way taking, offer of $39,400.00, settled for $160,000.00. 2023.
  • Counsel for Landowner in Charleston County taking for government building complex, offered $2,100,000.00, settled for $2,500,000.00. 2022.
  • Counsel for Landowner in Berkeley County highway right-of-way taking, offered $202,700.00, settled for $800,00.00. 2022.
  • Counsel for Lesse in major SCDOT highway project Carolina Crossroads spanning multiple tracts in Richland and Lexington Counties. 2022-Present.
  • Counsel for Landowner in Berkeley County highway right-of-way taking, offered $134,170.00, settled for $300,000.00. 2022.
  • Counsel for Landowner in SCDOT road right-of-way taking, offered $1,900.00, settled for $79,511.14, plus plan changes and residential property. 2022.
  • Counsel for Landowner in road right-of-way and utility easement taking, offer of $280,000.00, settled for $840,000.00. 2022.
  • Counsel for Landowner in easement and restrictive covenant dispute obtained summary judgment, prevailing in case. 2022.
  • Counsel for Landowner in eminent domain case involving taking by Charleston County for government office building, offered $260,000.00, settled for $500,000.00. 2021.
  • Counsel for Landowner in SCDOT highway ROW taking, offered $4,900.00, settled for $15,000.00. 2021.
  • Counsel for Landowner in Berkeley County Road right-of-way and utility easement cases, offered $580,700.00, settled for $2,824,700.00. 2021.
  • Counsel for Landowner in eminent domain case involving taking by Charleson County for government office building, offered $1,050,000.00, settled for $1,400,000.00. 2021.
  • Counsel for Landowner in Eminent Domain case involving Dominion Energy taking of electrical power line easement across several tracts, offered $1,786,800.00, settled for $3,250,000.00. 2021.
  • Lead trial counsel in specific performance case for buyer relating to property in City of Charleston against Charleston County School District and State of South Carolina. 2021.
  • Counsel for Landowner in SCDOT road right-of-way taking, offered $98,000.00, settled for $3,250,000.00. 2021.
  • Counsel for Landowner in eminent domain case involving taking by South Carolina State Authority, offered $1,166,800.00, settled for $3,289,312.59. 2021.
  • Counsel for CSX in several SCDOT takings of railway corridor takings. 2021-2023.
  • Counsel for Landowner in road ROW taking, offer of $202,630.00, settled for $1,595,000.00. 2021.
  • Lead trial counsel in title to marsh case for Landowner in Mt. Pleasant, SC. 2020-2021.
  • Trial Counsel in eminent domain jury trial in Barnwell County, South Carolina, obtained jury verdict 100x amount of offer. 2019.
  • Counsel for Landowner in right of way taking of railroad corridor by state -owned railway, offer of $1,705,500.00, settled for $4,500,00.00. 2019.
  • Counsel for Landowner in Berkeley County zoning dispute, successful in obtaining permit. 2018-2020.
  • Lead trial counsel for Landowner on Kiawah Island, South Carolina in title to Marsh Case. 2018.
  • Counsel for multi-national timberland REIT in eminent domain cases involving takings of timber producing and development tracts by state-owned railway company. 2018-2023.
  • Counsel for Landowner in multijurisdictional takings case, zoning and constitutional property rights case involving more than 300 acres in Beaufort County, South Carolina. Involved state and federal court proceeding and appeal to the United States Court of Appeals for the Fourth Circuit. 2017-2023.
  • Lead counsel in sophisticated and high-stakes real estate litigation involving more than 200 acres of prime development property in the City of Charleston on the Ashley River. Represented the lender entity, Magnolia/ARC Lender, LLC (“MARC”), which held secured debt of more than $20mm on the property. Prevailed upon all claims in litigation spanning state court, federal district court, and an adversary proceeding in bankruptcy court. 2016.
  • Lead counsel in $15mm dispute between REIT and a corporate tenant with numerous leases nationwide. Achieved favorable resolution of dispute (payment of 100% of amount owed). 2016.
  • Lead counsel in litigation against Town of Mount Pleasant, South Carolina, challenging denial of vested rights for approximately $30mm luxury apartment complex. Subsequent to the filing of the lawsuit and a hearing on a motion for a writ of mandamus, Town Council moved to reconsider, and granted the vested rights extension, as required by law. The case garnered significant media attention and was the subject of several newspaper articles. 2016.
  • Lead counsel in complex commercial contract dispute involving a damages claim of several hundred thousand dollars. Developed and implemented strategy to remove case to federal court and transfer venue in accordance with the contractual forum selection clause.
  • Prevailed upon motions and Plaintiff reduced its demand to a fraction (one sixteenth) of its pre-suit demand. 2016.
  • Lead counsel in several day jury trial in state court in Lexington County, South Carolina, on alleged construction defects. Plaintiffs sought more than $1m in damages. Case settled favorably for client just prior to judicial decision on motion for directed verdict. 2016.
  • Lead counsel in complex foreclosure matter involving mixed-use property with conservation easements on portion of collateral. Prevailed in contentious litigation and two bankruptcy filings to achieve results of $1.5mm sale and $400k deficiency judgment. 2015.
  • Lead counsel, prevailed on an appeal to the South Carolina Supreme Court seeking to overturn an award of litigation expenses awarded post-trial in eminent domain case. 2015.
  • Defeated class certification sought by timeshare owners who alleged that developer had breached the provisions of the governing documents of the vacation timeshare property in several material respects. 2015.
  • Lead counsel in high-profile workout of $8,400,000 loan on proposed development property near the Angel Oak tree in Charleston, SC (Johns Island). Matter involved navigation of sensitive environmental issues, significant media coverage, and negotiations with local political officials and groups including Charleston Mayor Joe Riley, Charleston County Council members, and Lowcountry Open Land Trust, among others, 2014.
  • Lead trial counsel, prevailed in bench trial in boundary line dispute between multimillion dollar commercial tracts in downtown Charleston. 2014.
  • Lead defense counsel in federal district court, negotiated pretrial settlement of $75,000 on plaintiff’s claim for $1.8mm. 2014.
  • Lead counsel, prevailed in constitutional challenge of local zoning ordinance regarding telecommunications tower permitting fees in Liberty County, Georgia. 2013.
  • Lead trial counsel in bench trial in eminent domain just compensation case, obtaining judgment for client landowner of $900,000 for the taking (versus offer of $201,000), plus over $100,000 in interest, and attorneys’ fees award. 2012.
  • Lead counsel in several foreclosures and workouts on commercial, investment and development properties, including $2,400,000 loan on investment property in Charleston County; $7,250,000.00 loan on Dorchester County development property; and $8,400,000.00 loan on Charleston County development property, as well as numerous other loans. Obtained several judgments in foreclosure cases and supervised several transactions on deeds in lieu of foreclosure. 2008-2013.
  • Lead counsel in real property contract dispute on large proposed multiuse development parcel, obtained summary judgment, including attorneys’ fees award, in favor of client Boyd Capital, LLC in state court in Jasper County. Upheld on appeal in MPI South Carolina – 1, LLC v. Levy Center, LLC, et al., Unpublished Opinion No. 2011-UP- 065, South Carolina Court of Appeals (2011)
  • Lead litigation counsel, obtained summary judgment including attorneys’ fee award in state court in Beaufort County six-figure real property contract dispute. Case settled favorably during appeal. 2010.
  • Lead litigation counsel in successful defense of condominium unit owner seeking to construct a one-story addition. 2008.
  • In a landmark case in South Carolina relating to condominium law, prevailed at the trial court level and on appeal in a case representing the developer of a 216 unit, 10 building multi-family apartment complex seeking to convert the units to a condominium form of ownership. Defeated claims by Declarant that restrictions prohibiting the subdivision of the property eliminated the developer’s right to convert the condominiums. Penny Creek Associates, LLC v. Fenwick Tarragon Apartments, LLC, 375 S.C. 267, 651 S.E.2d 617 (S.C.App. 2007).
  • As litigation counsel, obtained class certification order in federal district court on behalf of class of plaintiff homeowners alleging defects in a composite wood trim product. Class certification order upheld by United States Court of Appeals for the Fourth Circuit. Thomas v. Louisiana-Pacific Corp. , 246 F.R.D. 505 (D.S.C. 2007).
  • As lead litigation counsel, obtained summary judgment in the United States District Court for the District of South Carolina, including an award of attorneys’ fees, on specific performance action for client, contract purchaser of $840,000 property. Shay v. Austin , 466 F.Supp.2d 664 (D.S.C. 2006).
  • Defended the Belle W. Baruch Foundation at a two week long bench trial, which resulted in a “take nothing” judgment in a property dispute concerning approximately 80 coastal acres in Georgetown County. 2004.
  • Second Chair at two week long jury trial in the United States District Court for the Eastern District of Virginia in case representing tenant involving the applicability and effect of restrictive covenants in commercial lease. Negotiated seven figure settlement payment by landlord just prior to closing arguments. 2003.

Property Rights in the State of South Carolina

South Carolina eminent domain actions are governed by the statutory framework set forth in South Carolina Code Section 28-2-10 et seq. This framework provides additional protections that landowners in some other states do not receive. For example, if a landowner “prevails” at trial, a landowner may recover costs and attorney’s fees. The South Carolina State Constitution also expressly protects landowners facing condemnation. The government’s ability to condemn is limited because of state courts’ narrow interpretations of the “public use doctrine.” South Carolina is somewhat unique in that it gives landowners the opportunity to stop an eminent domain action, but by initiating a separate legal proceeding known as a right to take challenge.

A SUMMARY OF SOUTH CAROLINA’S EMINENT DOMAIN LAWS

The following responses are intended to provide general information about eminent domain laws in the featured state. Such information does not constitute legal advice. Anyone interested in learning more about eminent domain law and the impact it may have on a given set of facts should consult with an OCA attorney or another attorney experienced in handling eminent domain cases.

  • Who Can Exercise Eminent Domain Laws?

    The State, state agencies, local municipalities, and certain utilities and other entities can exercise the power of eminent domain in South Carolina. While the State’s authority to condemn is established in the State Constitution, other governmental entities, agencies, and utilities may only condemn to the extent they have been authorized to do so under state law.

  • What Are the Legal Requirements for Exercising the Power?

    South Carolina condemning authorities may only take property for a public use. A use is considered “public” only if the public will have a “definite and fixed use, independent of the will of another” at the taken property. Condemning authorities are also required to comply with various procedural requirements set forth in S.C. Code Ann. § 28-2-10 et seq., such as providing an appraisal, an offer, and making a “reasonable and diligent” effort to negotiate a settlement regarding the amount of compensation.

  • What Limitations or Defenses Exist?

    In certain circumstances, a landowner may challenge the government’s right to condemn. The challenge is initiated through a separate legal proceeding that the landowner must bring against the condemnor within 30 days after service of the condemnation notice. In South Carolina, the eminent domain proceeding is automatically stayed until the resolution of this challenge. If the Court determines that the condemnor does not have a right to take, the landowner’s reasonable costs and litigation expenses are awarded to the landowner. However, if the Court determines that the “right to take” issue was not raised in good faith by the landowner, the Court must award the condemnor its reasonable costs and litigation expenses incurred.

  • What Constitutes a Public Purpose?

    South Carolina courts have narrowly defined and applied the public use doctrine in condemnation cases, thus putting a higher burden on condemning authorities to identify a clearly defined use for the property that will benefit the public at large. For example, an overly broad purpose like “economic development” with a private developer ultimately owning the underlying land would generally not be considered a public purpose in South Carolina. More commonly, proper public purposes involve taking land to improve public roadways or utility easements.

  • How is Just Compensation Determined?

    In South Carolina, eminent domain cases focus on the amount of just compensation owed for the taking. Landowners are entitled to compensation for the value of the property taken—generally referred to as “fair market value”—plus any decrease in value of the remaining land, adjusted for any benefits to the landowner’s remaining land due to the public project. The date of valuation for determining just compensation is the date of the filing of the condemnation notice.

  • How Is Fair Market Value Defined?

    In South Carolina, fair market value is generally defined as the amount a willing buyer would pay a willing seller for the property, with neither party being under compulsion to buy or sell. In other words, determining the objective market price as of the date of condemnation. The property’s “highest and best use,” even if the property is not currently being used for that purpose, is accounted for in this determination. Both landowners and expert real estate appraisers can testify as to their opinions of the property’s fair market value.

  • What About Recovering Damages to Remaining Property?

    By statute, South Carolina landowners are entitled to compensation for the amount of land taken plus any damages to the remainder of the property. Both landowners and expert appraisers can testify as to the amount of damages to the remainder. Such damages can include the reduced economic viability of the property due to diminished road access, limitation on the use of the property, and other variables that impact home and business owners. However, lost business profits are not compensable under South Carolina law.

  • Is the Landowner Entitled to Recover Reasonable Attorney Fees? Expert Fees? Litigation Costs?

    If a South Carolina landowner “prevails” against the government in a condemnation trial, the landowner may recover its reasonable litigation expenses. The expenses include attorney fees, expert fees, deposition costs, and other related trial expenses. “Prevailing” means that the just compensation awarded, exclusive of interest, is “at least as close to the highest valuation of the property that is attested to at trial on behalf of the landowner, as it is to the highest valuation of property that is attested to at the beginning of the trial on behalf of the condemnor.” S.C. Code Ann. § 28-2-510(B). This award is determined by the court after an application is made within 15 days of the entry of judgment.

REFERENCES AND LINKS

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