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Eminent Domain Attorney Awendaw, SC

Eminent Domain Attorneys in Awendaw, SC

Most people who buy a home and the land it sits on expect that it will be theirs for as long as they choose to reside there. They may choose to pass that home and land along to children or other family members once they pass. It's a very common scenario, but for some residents of Charleston County, it may not be possible due to a highway expansion. Once the expansion starts, these residents could actually lose their land. And while you wouldn't think such an action would be legal in America, truth is often stranger than fiction.

The newly proposed expansion on Highway 41 will expand the highway to two lanes, increasing it to a total of four lanes on most of the roadway and from two to three lanes near the Phillips Community. The project would also start construction of Laurel Hill Parkway - a two-lane road that intersects through the outskirts of Laurel Hill County Park. For the Phillips Community, which sits adjacent to the highway, it could mean the loss of residents' homes and land that have been in their families for generations.

So, what can people like those in the Phillips Community do? They don't want to lose their homes or bear the burden of significantly more traffic around them. On their own, the options can be dour. But with the help of eminent domain attorneys in Awendaw, SC, these families can receive the just compensation they deserve.

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Understanding Eminent Domain in South Carolina

Remember that when you purchase or are given a plot of land, your property rights aren't as absolute as you may think. According to the United States Constitution, the government has the authority to take your property under specific circumstances. Essentially, your property rights are not absolute.

What's interesting is that the government's ability to take your property is actually stated in the Constitution. Even though the Constitution states that "private property shall not be taken for public use without just compensation," in essence, this means the government can take your property if the intended use is valid and they compensate you fairly. The Supreme Court upheld this view in 1876, interpreting that the government had this power based on the Constitution. Eminent domain was frequently used during the construction of the nation's railroad system, often without sufficient limitations on the government.

Unfortunately, many South Carolina residents end up being on the wrong end of the cost-benefit analysis when it comes to fair compensation. That's why, if the government is trying to take your land, it's so important to get in touch with eminent domain attorneys in Awendaw, SC, as soon as possible. That way, you have someone by your side for any legal proceedings or disputes. At Lauren Taylor Law, we have a proven track record of achieving positive outcomes for our clients in cases where the government has failed to fulfill its legal responsibilities.

How Can the Government Take Your Property?

There are typically two different ways that the government may take your property. Those include:

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  • Inverse Condemnation: This happens when you must take action and declare that your property or land was taken (even though you may still own it) so that you may receive compensation.
  • Directly: This happens when the government takes explicit action to own your property.

In both scenarios, you could be forced into litigation in order to protect your rights, even though you had no plans on doing so.

The Process of Eminent Domain in South Carolina

When the government wants to acquire your land, they will typically begin by making a formal offer to buy your property. At this point, you may have the opportunity to negotiate with them. If you decide that selling your property is the best option, it's important to work towards reaching an agreement with the government on the sale price. This isn't always a straightforward process because the government may not be willing to offer you a fair amount.

To determine the price of your property, the government will have their appraiser assess the value of the property. This appraiser functions much like an adjuster for an insurance company, many of whom offer lowball pricing. You should know that you have the right to hire your own appraiser to determine an independent valuation. This is often the best course of action if you're considering selling to the government.

If you choose not to sell to the government, they may proceed by filing a lawsuit to initiate the condemnation process. At this point, you can challenge the taking itself by working with eminent domain attorneys in Awendaw, SC. You can also ask the court to determine the fair market value of the property if the government's valuation is lower than what you believe is fair.

Limits to Eminent Domain in South Carolina

While the government can use its power to take your land, there are limits on its ability to do so. Namely:

  • The government must pay landowners a fair market price for their property.
  • The land the government takes must be for public use.

As such, there are two reasons why you can sue the government as part of an eminent domain case:

  • The government won't compensate you fairly for your property.
  • The government is taking your land but not for public use.

Given the history of these cases, you can never trust the government to act fairly. Why? Because local officials often have interests in such matters, and your rights are getting in their way. Sometimes, the only viable route you have is to lawyer up and fight the case in court.

The Process of Eminent Domain in South Carolina

When the government wants to acquire your land, they will typically begin by making a formal offer to buy your property. At this point, you may have the opportunity to negotiate with them. If you decide that selling your property is the best option, it's important to work towards reaching an agreement with the government on the sale price. This isn't always a straightforward process because the government may not be willing to offer you a fair amount.

To determine the price of your property, the government will have their appraiser assess the value of the property. This appraiser functions much like an adjuster for an insurance company, many of whom offer lowball pricing. You should know that you have the right to hire your own appraiser to determine an independent valuation. This is often the best course of action if you're considering selling to the government.

If you choose not to sell to the government, they may proceed by filing a lawsuit to initiate the condemnation process. At this point, you can challenge the taking itself by working with eminent domain attorneys in Awendaw, SC. You can also ask the court to determine the fair market value of the property if the government's valuation is lower than what you believe is fair.

Limits to Eminent Domain in South Carolina

While the government can use its power to take your land, there are limits on its ability to do so. Namely:

  • The government must pay landowners a fair market price for their property.
  • The land the government takes must be for public use.

As such, there are two reasons why you can sue the government as part of an eminent domain case:

  • The government won't compensate you fairly for your property.
  • The government is taking your land but not for public use.

Given the history of these cases, you can never trust the government to act fairly. Why? Because local officials often have interests in such matters, and your rights are getting in their way. Sometimes, the only viable route you have is to lawyer up and fight the case in court.

What Constitutes "Public Use" of Your Land in South Carolina?

Landowners commonly contest whether the taking is genuinely for public use. There are constraints on the government's actions and the reasons for which they can seize your land. The interpretation of these terms by the courts often favors the government. "Public use" does not simply mean that your property would be open to the general public. Instead, the term is more akin to "for the benefit of the public."

Historically, the government expropriated private lands for projects such as bridges and highways. Numerous legal battles arose during the period when the nation was constructing its railroad system. In these instances, the courts typically interpreted "public use" more broadly.

Some of the most common reasons why government landtaking is upheld include the building of structures like:

  • Pipelines
  • Highways
  • Public Buildings
  • Utilities
  • Railroads and Transit Lines
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court

These are the more "traditional" uses of eminent domain, where the public use would be less in question. However, the law also permits certain utilities to wield the power of eminent domain. For instance, in a recent case in South Carolina, Dominion Energy was granted the authority to acquire homes in order to construct an energy pipeline.

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Regrettably, governments have historically tended to misuse this authority, and some courts have even condoned such actions. As an example, courts in Toledo, Ohio, allowed 83 homes to be taken from residents in order to construct a manufacturing plant for Chrysler, which said the plant would create jobs for the public.

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If the government is trying to take your land, you should never give up on your property. By working with eminent domain attorneys in Awendaw, SC, you may be able to stop them by challenging the taking itself. You can also challenge the purpose of the taking and argue that the reason for "public use" is really for private use.

Partial and Easement Taking of Your Land in South Carolina

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Many people worry about the government taking over their entire piece of land. However, in some cases, the government may not need all your property and might not want to compensate you for it. They may only require a portion of your land.

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In such instances, the government not only has to pay you for the part of the land they are taking, but they also have to compensate for the decreased value of the remaining land that you still own. Additionally, the government may seek to obtain an easement on your land through eminent domain. This easement could be for utilities or access to another area. Once again, the government must compensate you for the land taken and for the reduction in value of the rest of your property.

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Under Eminent Domain, You Must Be Paid Fair Market Value

In essence, fair market value represents the amount a willing buyer would offer to a seller for their property. While this concept seems straightforward, applying fair market value in reality can be quite challenging. In many instances, negotiating with the government may be necessary to receive proper compensation for your land. Just like any negotiator, the government typically begins with a low offer and anticipates a counteroffer from you to reach a mutual agreement. Rarely does the government present its best offer right from the start.

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Several valuations may be considered to determine your property's fair market value:

The amount of income your property could have produced

Comparison of sales to other similar properties in the area that were recently sold (there could be disagreements pertaining to what is comparable)

The amount of money it would cost to replace your property (and the structures built on it) minus depreciation

In reality, during a trial, both you and the government would have valuation experts testify. First, you'd have to choose the relevant valuation, which the government might dispute. Then, you'd need to apply the appropriate valuation method. There might be a significant difference between your numbers and the government's.

However, even if you couldn't prevent the seizure of the property, many have successfully challenged the government's valuation of their property. Property owners have compelled the government to pay more, and our team of eminent domain attorneys in Awendaw, SC, has represented many of them in the legal process over the years.

How the Government Condemns Your Land with Its Actions

  • The government may not need to attempt to seize your land to potentially owe you money. There are situations where government actions could prevent you from using your land. In many ways, the government has the authority to dictate how you can use your property. They can enact laws and zoning regulations that limit your property usage. To constitute a regulatory taking, the government's actions must completely prevent you from using your land for any economic purpose.
  • The government may have a valid justification for its regulations. However, when it comes to compensating you for your land, the government's intentions are irrelevant. What matters is the impact the regulation has on your land usage.
  • In addition to regulatory taking, the government may take your land if its actions have caused damage to your property. For example, a neighboring construction project could have flooded your property. They might have trespassed on your land, either temporarily or permanently. This type of taking is referred to as a "de facto" taking, and the government still needs to compensate you when it happens.

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What Should You Do if Your Land Can Be Taken by the Government?

Typically, you'll receive notice regarding the potential acquisition of your property through a letter. But if you're like the residents of the Phillips Community, you might have already heard murmurs that something might happen to your land. If you suspect or find out that the government plans to take your land through eminent domain, you need the help of seasoned eminent domain attorneys in Awendaw, SC, right away.

The truth is that the government can be just as challenging to deal with as an insurance company. Despite your constitutional rights, they might try to conceal information or offer far less compensation than your property is worth.

In an eminent domain lawsuit, you're essentially challenging the government. While some courts might show some level of deference to the government, they are not given free rein to do as they please. It's within your rights to stand up and contest the government's actions if they violate your rights. But to fight back effectively, your best bet is to work with an eminent domain lawyer from Lauren Taylor Law.

Your attorney will assess the best legal approach for your case, which could involve suing the government or vigorously defending against their lawsuit. You could also negotiate compensation, either before or after the case goes to court.

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Top 3 Reasons to Hire an Eminent Domain Lawyer in South Carolina

If you receive notice that your property is being targeted for eminent domain action, also known as condemnation, it's important to seek advice from an eminent domain attorney. Many people won't reach out to a lawyer when dealing with this kind of legal issue because they:

  • Mistakenly believe that the government has their best interests at heart and will actually offer fair compensation
  • Feel intimidated and believe they must cooperate
  • Believe that the taking of their land is really for "public good."

Unfortunately, these assumptions are rarely, if ever, true. In fact, you may actually be more vulnerable and at risk than you originally thought. This misunderstanding illustrates exactly why you should enlist the services of a reputable eminent domain attorney. With the assistance of a legal expert who is well-versed in South Carolina eminent domain law, property owners can safeguard their rights and secure maximum compensation.

Here are the top three ways an eminent domain lawyer can help:

Compensation

1. Help You Get Just Compensation

It's important to keep in mind that the initial offer from the government for your property is often the lowest amount they think they can get away with. This rarely represents the full and fair compensation you deserve. An attorney has the expertise and resources to ensure that you receive proper compensation for the value of your property, including relocation expenses and more.

In some instances, an eminent domain attorney may be able to secure a higher amount than what the government is proposing. The eminent domain lawyers at Lauren Taylor Law are dedicated to safeguarding your rights and protecting your property

Rights

2. Help You Understand Your Rights

Government agencies are not permitted to simply take any property they desire. According to the 5th Amendment, they must prove that the condemnation is genuinely for public use and meets other specific criteria. You have the right to demand that the state fulfill these criteria before seizing your property. Plus, if only a portion of your property is necessary to complete the project, you have the right to safeguard the ownership of the remaining part of your property.

Complicated

3. Provide Guidance Through the Complicated Process of Eminent Domain in South Carolina

Eminent domain cases and their related laws can be quite intricate and overwhelming for the average property owner. You shouldn't be expected to grasp all the technical terms, and you certainly shouldn't be penalized for not fully understanding the process. That's why having an experienced eminent domain lawyer by your side is valuable on many levels. A skilled eminent domain attorney will assist you through each stage in plain language that you can grasp. With an eminent domain attorney advocating for you throughout your case to safeguard your rights, you stand a better chance of receiving the compensation you rightfully deserve.

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Eminent Domain Attorneys in Awendaw, SC Fighting for Your Rights

If the government takes your property or prevents you from using it, you have the right to file a lawsuit. The law provides you with the opportunity to stand on equal ground with our government, allowing your lawyer to advocate for your rights in court.

At Lauren Taylor Law, our eminent domain lawyers step in so you don't get pushed around. Our goal is to fight the government on your behalf, so you get the compensation you deserve. Contact our office today to learn more about eminent domain in South Carolina and how our firm can help.

Latest News in Awendaw, SC

SC’s most pressing environmental issues come to a head at the ‘Gateway to Cape Romain’

AWENDAW — Drive north on U.S. Highway 17, past the shopping centers and subdivisions, and you’ll come to a small town that sits at the proverbial crossroads of South Carolina’s most-pressing environmental issues. Here the Milky Way still shines at night, the wetlands teem with life, and the trees grow dense enough to create a near-perpetual dusk in the forest below.But as Charleston County is reshaped by a fast-growing population and rising seas, the future of Awendaw and its wild spaces is in an uneasy limbo, and th...

AWENDAW — Drive north on U.S. Highway 17, past the shopping centers and subdivisions, and you’ll come to a small town that sits at the proverbial crossroads of South Carolina’s most-pressing environmental issues. Here the Milky Way still shines at night, the wetlands teem with life, and the trees grow dense enough to create a near-perpetual dusk in the forest below.

But as Charleston County is reshaped by a fast-growing population and rising seas, the future of Awendaw and its wild spaces is in an uneasy limbo, and there’s no easy path towards a solution.

In this small town, anxieties about over-development collide with increased flooding, leaky septic tanks and the threat of wildfires. All of those issues are playing out in a town wedged between two of South Carolina’s most-diverse ecosystems: the Francis Marion National Forest and Cape Romain National Wildlife Refuge.

The Post and Courier’s Rising Waters Lab focuses on impacts of climate change and related policies and practices. It is supported by donations and grants to the nonprofit Public Service and Investigative Fund, whose contributors are subject to the same coverage we apply to everyone else. For more information and to make a donation, go to postandcourierfund.com. To sign up for our newsletter, click here.

As the U.S. government changes the playbook for federal land management — the Trump administration plans to increase logging in Francis Marion and has cut federal positions across South Carolina — Awendaw is literally caught in the middle.

“We’ve got the Department of Agriculture on the west, the Department of Interior on the east, and this oddly-shaped town of Awendaw is the gateway between those two,” said recently-elected Mayor Chris Crolley.

Awendaw’s adaptation strategy largely depends on nature-based, green solutions and ordinance overhauls, he said. The town recently became the second community in South Carolina to adopt a local wetlands protection ordinance in response to the Trump administration’s plan to deregulate previously-protected areas.

In Awendaw, Blake Scott sees a developing “road map” for other communities.

“ I see Awendaw as a perfect example of conservation on the human scale,” said Scott, the co-founder of the Charleston-based M.A.R.S.H. Project, a grassroots conservation group that works to protect Charleston’s salt marshes. Scott noted that Awendaw, population 1,600, is about the same size as many of Charleston’s neighborhoods.

“ We see that as a functional scale for us to achieve environmental victories,” Scott continued. “If Awendaw can do it, we hope that we could do it at our neighborhood level and then mushroom out from there to Charleston's various neighborhoods.”

Cape Romain’s gateway

Spanning 22 miles and roughly 66,000 acres, the Cape Romain National Wildlife Refuge is a near-pristine ecosystem of wetlands, islands, shores and maritime forests. The Cape is a biodiversity hotspot home to the state’s most-active nesting sites for loggerhead sea turtles and nearly 300 migratory and year-round bird species, several of which are considered "Tipping Point Species" that have lost at least half their population in the last 50 years.

While the refuge is managed by the Department of Interior, the surrounding communities play a significant role in safeguarding its water quality and ecosystem. Runoff from Awendaw washes directly into Cape Romain, and development along the border of the refuge has been a simmering source of tension in the community.

"Lands surrounding the Refuge are crucial for maintaining habitat and water quality by acting as buffers for the waters, marshes, and barrier islands of the Refuge," Sherri Fields, the conservation director for Audubon South Carolina, wrote in an email. "If these buffers are degraded by construction and pollution, habitats in the Refuge will also be affected, which will have negative consequences for bird populations that are already suffering."

The National Parks Service considers over half of the refuge a “Class 1 National Wilderness Area.” That status grants it additional Clean Air Act protections and means that, theoretically, the Cape is supposed to have some of the cleanest air in South Carolina.

“Awendaw is the gateway to Cape Romain National Wildlife Refuge,” Crolley said. “For Awendaw to be positioned so close to Cape Romain — it means something. There’s a responsibility inherent in that.”

In addition to his new role leading the town, Crolley owns and operates Coastal Expeditions, a local business that offers eco-tours of Charleston County’s tidal wetlands and ecosystem. The company also has a nonprofit arm, the Coastal Expeditions Foundation.

The foundation does conservation work within Cape Romain, work Crolley said is critical these days.

But limited funding for the National Wildlife Refuge system has been a challenge throughout several presidential administrations, Crolley said. He bluntly described it as a persistent “lack of give-a-sh- -” from Washington, D.C.

“ They're completely understaffed,” he said. “I think their charter says they're supposed to have 14 people, and they have two.”

If you include a regional manager in that count, he said, it raises the level of staffers at Cape Romain to three. The U.S. Fish and Wildlife Service — which is under the Interior Department and manages the Cape Romain Refuge — declined to comment on current staffing levels at the refuge, or about what the pre-Trump administration staffing levels were.

"The U.S. Fish and Wildlife Service remains dedicated to conserving America’s wildlife and natural habitats while promoting access, use, and enjoyment of public lands by the American people, all while upholding federal responsibilities with efficiency and accountability," an agency spokesperson wrote in a statement.

Awendaw, fearing spillover growth from Mount Pleasant, plans to extend its halt on new subdivisions

AWENDAW — Rural and lightly populated, this town on Mount Pleasant’s northern border has been facing increasing development pressure and is poised to extend a moratorium on subdivisions and zoning changes for another year.For nearly two years the moratorium has prevented land from being divided into more than five pieces, effectively stopping the creation of subdivisions. For example, someone with a 100-acre piece of land couldn't carve it up into dozens of home sites while the moratorium is in force."In two ye...

AWENDAW — Rural and lightly populated, this town on Mount Pleasant’s northern border has been facing increasing development pressure and is poised to extend a moratorium on subdivisions and zoning changes for another year.

For nearly two years the moratorium has prevented land from being divided into more than five pieces, effectively stopping the creation of subdivisions. For example, someone with a 100-acre piece of land couldn't carve it up into dozens of home sites while the moratorium is in force.

"In two years the population of Awendaw will double because of the developments allowed over the past 15 years," Mayor Chris Crolley said. "That's not sustainable."

Extending the moratorium would give the town another year to rewrite zoning and land-use rules to conform with Awendaw's latest Comprehensive Plan, a state-required planning document. The moratorium would not prevent construction where it's already allowed, but would prevent changes in land-use rules through zoning while also blocking larger subdivisions.

Councilman Kent Prause said that during the ongoing moratorium the town has raised the minimum size of a residential building lot with public water and sewer service from 12,500 square feet to 21,500 — nearly half an acre. The town also set new rules to protect wetlands and regulate septic systems.

Temporary moratoriums have seen increasing use across South Carolina as a tool to pause development, sometimes to allow time for new rules to be developed, other times to allow for infrastructure to catch up. The state has had the fastest-rising population in the nation in recent years.

Mount Pleasant had a moratorium on multi-family buildings for seven years; Berkeley County had a moratorium on large-scale developments; Anderson County blocked all new housing for 90 days in 2025; North Augusta put a 2-and-a-half-year halt to new apartment buildings, the list goes on.

Prause was Mount Pleasant's zoning administrator for decades, and has lived in Awendaw for 29 years. He said that while campaigning for office he knocked on hundreds of doors and "the two things I heard most were: 'We don't want to be another Mount Pleasant, and we just want to be left alone.' "

Prause led the charge for the first moratorium in 2024.

"We haven't really had anyone speak against it at (recent) public meetings," he said.

Crolley noted that a moratorium is temporary, though just how temporary remains to be seen. If approved at a special town council meeting and public hearing on Feb. 26 at 9 a.m., it would be the second one-year extension of Awendaw’s 2024 moratorium.

“Our Comprehensive Plan got ratified last year," said Crolley. "Given that we went through that whole process and have our template to work from, now it’s time to get the zoning in line and the ordinances to protect the wetlands and trees."

Awendaw has fewer than 1,800 residents and didn't have a full-time planning official until October 2025, according to Town Administrator Katharine Watkins.

While neighboring Mount Pleasant's population works out to 1,930 people per square mile, the number in Awendaw is less than 100. Residents there have seen how development can change a town.

Mount Pleasant had 5,100 residents in 1960. Over the next 30 years the town’s population grew nearly six fold, to 30,100, and in the next 30 years it tripled, to 90,801 in 2020.

“These developers aren’t in it for the wellbeing of the community," said Crolley. "They’re not from around here."

Mount Pleasant has taken many steps to limit growth and development, with annual limits on building permits, height and size restrictions on buildings, and the moratorium on multi-family housing that lasted seven years. But most of those things came after most of the available land in the town had been developed.

Like a growing number of South Carolina communities, Awendaw has set out to firmly regulate development before it takes place.

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