Gaston Government Cannot Abuse Eminent Domain Rights

Eminent domain is legally defined in the Fifth Amendment as the right of the government to seize private property from a property owner, so long as the government provides appropriate compensation. Local, state, and federal governments may all invoke eminent domain to take property from property owners, but the seizure must meet certain criteria – primarily, the seizing of property from a property owner must be for the good of the public, or benefit economic development for the public good.

In order to “take” the property, in the legal sense, a property owner must be sufficiently frustrated by the government, such as when low-flying aircraft cause too much noise irritation. However, just because you are frustrated by government developments around you which may lead to eminent domain, you do not have to give up your property without fair compensation, and you may negotiate what that means.

South Carolina Eminent Domain Action

If you agree to begin the process of eminent domain, government inspectors will be able to freely enter your property to survey the land, with reasonable notice. Based on the survey, the government will make an appraisal and offer. This offer must include compensation for property taxes and mortgage penalties, so that you do not suffer undue financial hardship. Finally, the government will continue the eminent domain action either through a trial, or by way of appraisal panel.

Appraisal panels are the most common form of eminent domain action, and this allows the property owner to negotiate reasonable compensation. However, if you as the property owner do not come to an agreement on compensation with the government, the government can “condemn” your property in order to seize it. This may seem like a drastic and very final step; however, you as the property owner still have rights.

The Government Condemned My Property for Eminent Domain, and I Don’t Like My Compensation Offer

If you believe that the government is abusing eminent domain powers and has condemned your property simply to get you out of the way, you do not have to give up. The South Carolina eminent domain attorneys will fight with you to ensure you receive appropriate compensation for your loss. We offer free case evaluations to discuss your eminent domain issues, so contact us today.