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 Greenwood, SC, these families can receive the just compensation they deserve.
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 Greenwood, 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.
There are typically two different ways that the government may take your property. Those include:
In both scenarios, you could be forced into litigation in order to protect your rights, even though you had no plans on doing so.
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 Greenwood, 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.
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.
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 Greenwood, 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.
While the government can use its power to take your land, there are limits on its ability to do so. Namely:
As such, there are two reasons why you can sue the government as part of an eminent domain case:
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.
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:
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.
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.
If the government is trying to take your land, you should never give up on your property. By working with eminent domain attorneys in Greenwood, 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.
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.
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.
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.
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 Greenwood, SC, has represented many of them in the legal process over the years.
For Any Help, Questions or Suggestions, Contact Us
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 Greenwood, 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.
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:
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:
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
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.
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.
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.
The South Carolina Supreme Court reprimanded Curtis G. Clark, a former foreclosure judge in Greenwood County, citing a Post and Courier Uncovered report that exposed how Clark allowed his wife and children to buy dozens of properties at the auctions he oversaw.In an opinion issued March 18, the court said Clark and the Office of Disciplinary Counsel came to an agreement after an investigation: Clark admitted his misconduct and would never again seek judicial duties in South Carolina.The court also issued a public reprimand, whi...
The South Carolina Supreme Court reprimanded Curtis G. Clark, a former foreclosure judge in Greenwood County, citing a Post and Courier Uncovered report that exposed how Clark allowed his wife and children to buy dozens of properties at the auctions he oversaw.
In an opinion issued March 18, the court said Clark and the Office of Disciplinary Counsel came to an agreement after an investigation: Clark admitted his misconduct and would never again seek judicial duties in South Carolina.
The court also issued a public reprimand, which it said was the maximum possible sanction the court could hand out since Clark has already left the bench.
Clark did not immediately respond to requests for comment.
Clark had long held prominent judicial roles, serving as a special referee and master-in-equity in Abbeville County, and as a probate court judge and special referee in Greenwood County since 1987. In foreclosure cases, judges are given the power to force delinquent borrowers from their homes, and they are tasked with selling properties to cover as much of the debt as possible.
In 2022, The Post and Courier-led Uncovered report with The Index-Journal of Greenwood detailed how Clark’s oversight of these auctions benefited his family.
Using real estate records and other public documents, the newspapers showed how Clark sold more than three dozen properties during these auctions to his wife and their adult children.
In one case, family members later put land in his name, making Clark the owner of 33 acres he once ordered foreclosed.
In its opinion released March 18, the court cited the newspaper’s Uncovered report in 2022, along with then-Chief Justice Donald Beatty’s swift move a week later to bar Clark from running future foreclosure auctions.
But it would take four more years for the court to finish its investigation and release its findings.
The court said Clark’s actions created a clear appearance of impropriety. It noted that Clark had provided incomplete information years before to a judicial screening committee about his auctions.
In an affidavit to the court, Clark touted his 40 years of service as a probate judge, master-in-equity and special referee, as well as his role on the state’s Probate Judges Advisory Committee and as editor of the South Carolina Foreclosure Law Manual.
In the affidavit, Clark expressed remorse and that neither he nor his friends or family “ever acted upon any nonpublic information in connection with an auction.” He told the court he planned to retire soon.
In its initial Uncovered report, The Post and Courier quoted legal observers who said the Clark family’s participation in the sales threatened one of the judiciary’s central tenets. Judges are instructed to avoid any conduct that creates even the “appearance of impropriety” — an especially high standard intended to ensure that the public won’t doubt whether they’ll get a fair shake in court.
Jan Jacobowitz, past president of the Association of Professional Responsibility Lawyers, told the newspapers then that, “having your wife buy the properties … if that isn’t at least the appearance of impropriety, I’m not sure how else you would characterize it.”
SPARTANBURG COUNTY, S.C. (FOX Carolina) - A mother has filed a lawsuit against Greenwood School District 50 and an assistant teacher accused of forcefully pushing, pulling and dragging a nonverbal student with autism in a special needs class in 2024.The Greenwood County Sheriff’s Office said Julie Gilbert, at Lakeview Elementary School, was captured on video. A deputy who watched the video wrote the following in his report:“[The victim] was lying on the ground under a table. Ms. Gilbert grabs [...
SPARTANBURG COUNTY, S.C. (FOX Carolina) - A mother has filed a lawsuit against Greenwood School District 50 and an assistant teacher accused of forcefully pushing, pulling and dragging a nonverbal student with autism in a special needs class in 2024.
The Greenwood County Sheriff’s Office said Julie Gilbert, at Lakeview Elementary School, was captured on video. A deputy who watched the video wrote the following in his report:
Deputies reviewed surveillance from the weeks prior to the incident and identified four different student victims during the investigation.
Gilbert was charged with four counts of unlawful conduct toward a child in May 2024.
A mom, in a lawsuit filed on Mar. 3, 2026, alleges that her child was subjected to inappropriate physical force by Gilbert on four separate occasions. She also believes that Greenwood School District 50 should have known about her actions.
The lawsuit accuses Gilbert of intentional infliction of emotional distress and the school district of gross negligence. The mom is seeking actual damages and consequential damages from both defendants and punitive damages from Gilbert.
She claims the following was suffered:
Greenwood School District 50 said it is aware of the pending litigation concerning special education services during the 2024 and 2025 school year. Due to this matter involving student information, the district said it will not comment further.
Feel more informed, prepared, and connected with FOX Carolina. For more free content like this, .
Federal lawsuit alleges false imprisonment, malicious prosecution after traffic stopGREENWOOD, S.C. (FOX Carolina) - A federal civil lawsuit filed against Greenwood County, the Greenwood County Sheriff’s Office and a number of deputies alleges a Florida man was wrongly arrested and jailed following a 2024 traffic stop. The complaint alleges gross negligence, false imprisonment and malicious prosecution.The traffic stopBody camera video from May 2024 shows Bryan Getchius being pulled over by Greenwood County dep...
GREENWOOD, S.C. (FOX Carolina) - A federal civil lawsuit filed against Greenwood County, the Greenwood County Sheriff’s Office and a number of deputies alleges a Florida man was wrongly arrested and jailed following a 2024 traffic stop. The complaint alleges gross negligence, false imprisonment and malicious prosecution.
Body camera video from May 2024 shows Bryan Getchius being pulled over by Greenwood County deputies for allegedly swerving between lanes. Deputies learned Getchius had a suspended license and asked to search his vehicle. He consented to the search.
During the search, deputies found bottles containing medication. According to Getchius’ attorney, the bottles were prescription bottles with Getchius’ name on them.
Getchius can be heard on the body camera footage telling deputies the bottles contain his IBS medication, but deputies still ordered a field test on the pills.
Body camera video shows deputies conducting the field test, then showing the results to Getchius before placing him under arrest.
Following his arrest, Getchius was placed under house arrest at his mother’s home in Greenwood. He wore an ankle monitor for a total of 16 months while waiting for test results to come back from the State Law Enforcement Division’s forensic lab.
That included seven months under house arrest and nine months with the ankle monitor.
The lengthy wait was attributed to an 18,000-case backlog at SLED’s forensic lab, according to the lawsuit.
Data presented by SLED at the statehouse earlier this year shows some progress on the backlog.
From 2017 to 2022, the number assignments taken in at the lab surpassed the number of tests completed.
In 2023, after SLED’s new lab opened and additional people were hired, the number of assignments received and completed almost even out: 16,013 received and 16,957 completed.
According to SLED’s presentation, 12 people now work in the lab.
FOX Carolina has requested a tour of the new facility multiple times but has been denied each time. The most recent denial came last month during reporting on SLED’s rape kit backlog.
All charges against Getchius were eventually dropped. Once testing was completed, results confirmed the pills were his IBS medication.
Getchius said he thinks about the deputies involved.
“Those deputies. I don’t know another word to describe it, but I pray for them every night because someone who’s happy doesn’t do that to people,” Getchius said.
Tyler Bailey, the attorney representing Getchius, said ensuring others do not face the same wait as his client is central to the case.
“We want to see SLED figure out a way to get rid of this thousands of case backlog where innocent people are out there fighting for their freedom right now,” Bailey said. “We want to see change, and that’s what we’re pushing for.”
The lawsuit was filed yesterday. Greenwood County, the Sheriff’s Office and the named deputies have not yet filed their replies.
Feel more informed, prepared, and connected with FOX Carolina. For more free content like this, .
South Carolina is full of town names that make you chuckle, and maybe pull over for a quick photo of the sign. Names like Ninety Six and Six Mile are instant conversation starters, and the fun doesn’t stop there. Those quirky markers can lead you to pick-your-own blueberry farms and lakeside days on Keowee and Greenwood. Here are eight bizarrely-named towns in South Carolina.Townville While it seems like someone just got lazy and named Townville after what it was, a town, you’d be surprised what you can find there...
South Carolina is full of town names that make you chuckle, and maybe pull over for a quick photo of the sign. Names like Ninety Six and Six Mile are instant conversation starters, and the fun doesn’t stop there. Those quirky markers can lead you to pick-your-own blueberry farms and lakeside days on Keowee and Greenwood. Here are eight bizarrely-named towns in South Carolina.
While it seems like someone just got lazy and named Townville after what it was, a town, you’d be surprised what you can find there. Townville is an unincorporated area, but this small town provides an abundance of activities for outdoor enthusiasts. It is home to a portion of the Clemson University Forest. Specifically, the sections the Fants Grove Trail runs through. After a day on the trail, the town offers two pizza places and a café, all conveniently located on the same street. Embrace Townville’s history with a visit to the Nazareth on the Beaverdam Presbyterian Church, the town’s first Presbyterian Church, founded in 1803. Although small and slightly desolate, Townville can still provide a day’s worth of entertainment during your South Carolina trip.
Named after the estimated number of miles it was located from Keowee, the town of Ninety Six provides visitors with a National Park Service Historical Site that details the history of the town, a historical trail, and a Ninety Six Historical Museum for guests to stop at. Ninety Six offers even more outdoor adventure at Lake Greenwood State Park. The park is available for hiking along its Reedy River and lake.. The Southern Railway Depot, built in 1915, is a historical landmark now serving as a museum. The town is also home to Grand Harbor Golf and Yacht Club for golf enthusiasts and Warbird Adventures, an aviation outfitter that offers flights in vintage WWII airplanes for all the history buffs!
Six Mile, not to be confused with Eminem’s 8 Mile, is a small town with a population under 700 located in Northwest South Carolina. While there, make sure to visit the Happy Berry Farm and pick your own blueberries, blackberries, grapes, and more. Six Mile is home to Lake Keowee and provides opportunities for camping, boating, fishing,g, and water sports. The crystal-clear water and mountain view backdrop offer stunning views for a day spent at the lake. For the more hardcore enthusiasts, there is also an extreme paintball course (Carolina Extreme Paintball) through a forested area of the town. The Six Mile Veteran’s Monument is just one of the town’s historical markers honoring the town’s residents who served in all wars.
The town of Swansea became well known in the 1800s for its water quality and purity, so it only fits some connotation of water that is included in the town’s name. However, water is not the only thing that has put this tiny town on the map. The Olivia, Peter M., and Alice House fought past controversy to become a nationally registered historic place. This milestone makes it the first site in the municipality to be included on the national preservation list. If history excites you, Swansea is a stop in South Carolina to add to your list!
Travelers Rest may seem like an ideal spot for relaxation, but with so many activities available, you won’t want to sleep through it. Situated in the Blue Ridge Mountains foothills, the area offers hiking, biking, kayaking, and adventure sports. Between Lake Jocassee and the Green River, visitors can enjoy boating, canoeing, fishing, swimming, and more. If water-based activities aren’t appealing, explore the scenic trails of Table Rock State Park. For a more laid-back experience, the downtown features shopping, dining, and the Swamp Rabbit Brewery, the town’s first and only craft brewery. Don’t miss the History Museum of Travelers Rest to learn about the town’s history, including the recently donated Spring Park Inn to the Historical Society.
Cowpens is a historically rich town, known for the famous Revolutionary Battle and named after a Loyalist who kept cows there. The Cowpens National Battlefield offers historical information, multiple loops and trails across the battlefield, and a museum with historical artifacts. Another major attraction is Abbott Farms Fruit Market, a small produce shop that sells bakery items, nuts, dressings, and other specialty products such as molasses and honey. What complements fresh fruit best? Fireworks! These are also available at the Abbott Farm stands.
Due West may sound more like a direction than a town name, but it's regarded as one of the top places to live in South Carolina due to its balanced suburban and rural vibe. While the town itself offers limited entertainment options, it's just a short drive to the Burt-Stark Mansion, where President Jefferson Davis attended his last Council of the War of the Confederacy. Additionally, the nearby Abbeville Opera House hosts musicals, comedy shows, live bands, and more. Finish your day on Main Street by visiting one of the many local restaurants.
Meggett County Park boasts scenic marsh views and five miles of trails encircling the wetland. It also features an island and tributaries from the Toogoodoo River. For more outdoor exploration on foot, visit Roxbury Park, which provides access to two ponds suitable for catch-and-release fishing. If fishing isn’t your preference, you can observe the area’s abundant wildlife. For a more luxurious experience, hop on trolley tours that take you through Wadmalow Island and across extensive tea bushes in the Charleston Tea Garden. Towles Farmstead, a national historic district, is also a notable site, comprising 14 buildings, sites, and structures open for visits.
South Carolina might be one of the most popular states for tourism, so if you decide to venture there, don’t be afraid to try a destination off the beaten path. Just because the town might have a wacky name or one that’s hard to pronounce, don’t be afraid to give it a visit. Those spots are usually the ones that will offer you the most, not just in views but also uniqueness. After all, they just want to live up to their names!