Irmo Residents Defend Rights In Eminent Domain Proceedings

Because the Fifth Amendment allows eminent domain proceedings to be conducted by federal, state, and local government agencies, states define which agencies may practice eminent domain differently. In South Carolina, any government agency may practice eminent domain: for example, the Department of Transportation may seize your property in order to build a new road expansion, or public utilities may seize part or all of your property in order to set up electric poles.

However, the government may not practice eminent domain for any reason at all. The property must go toward public good or have a specific public benefit. If you believe that the government is seizing your land for a reason that does not directly benefit the interests of the public, you may challenge eminent domain.

South Carolina Eminent Domain Challenges

While it is difficult to prove, you may challenge the government’s practice of eminent domain on your property if you believe that the agency or government is not seizing your property for a purpose that directly benefits the public. Numerous lawsuits have determined that the government may practice eminent domain, but only to specifically benefit the population. You as the landowner are also entitled to fair compensation, including property taxes and mortgage penalties, to prevent you suffering economic hardship.

If you challenge the government’s right to take your property under eminent domain, then the government must prove that seizing the property will directly benefit the public. To help you gather evidence for this type of challenge, you should contact an eminent domain attorney immediately.

The Government Is Using Eminent Domain for A Purpose Other Than Public Good

If you believe that the government is attempting to seize your property for a purpose that does not directly benefit the public, then you have a right to challenge that eminent domain in court. However, you do not have to face government representatives alone. The South Carolina eminent domain attorneys at the Strom Law Firm can help defend your property rights against eminent domain abuse, so call us today for a free case evaluation.