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Eminent Domain Attorney Greenwood, SC

Eminent Domain Attorneys Near Me Greenwood, 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 Near Me Greenwood, 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 Near Me 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.

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 Near Me 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.

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 Near Me 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.

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 Near Me 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.

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.

Property Dispute Greenwood, SC

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.

Eminent Domain Claim Greenwood, SC

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 Near Me Greenwood, 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 Near Me 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.

Abbeville Law Firm Greenwood, SC

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 Near Me Greenwood, 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 Near Me Greenwood, SC

Spartanburg rallies to defeat Greenwood

A virtual time capsule at J.W. Babb Stadium lasted deep into the night, almost unwilling to come to a conclusion.Greenwood and Spartanburg — two rivals of old, playing a brand of football near forgotten — fought through over two hours of weather delays, momentum swings and a vicious war in the trenches over the course of a game that was shortened to eight-minute quarters.But it ended with a painful blast back to the modern era — with a final Spartanburg dagger, a 45-yard touchdown pass from quarterback Aryan D...

A virtual time capsule at J.W. Babb Stadium lasted deep into the night, almost unwilling to come to a conclusion.

Greenwood and Spartanburg — two rivals of old, playing a brand of football near forgotten — fought through over two hours of weather delays, momentum swings and a vicious war in the trenches over the course of a game that was shortened to eight-minute quarters.

But it ended with a painful blast back to the modern era — with a final Spartanburg dagger, a 45-yard touchdown pass from quarterback Aryan Desai, that was enough to give the Vikings a 21-14 win over the Eagles.

“Hats off Spartanburg for finding a way to win,” Greenwood coach Chris Liner said. “Spartanburg came out the winner tonight, and it sucks because we had every opportunity to win the football game. But that’s football.”

Greenwood won the war at the line early, holding Spartanburg to three straight three-and-outs to start the game and driving deep into Spartanburg territory on their lone possession before the weather delay.

“We played really well defensively, especially to start with and were able to keep their dominant back in check,” Liner said. “We kind of kept them in check there for a while.”

But coming out of the break, Spartanburg began to build momentum. Rutgers running back commit Trenton Lynch took a short pass 35 yards for a first down on third-and-24 to kickstart the drive, and an incredible catch from Spartanburg receiver Skyler Douglas gave the Vikings their first trip to the redzone in the game.

An unbelievable stand by the Eagles on fourth-and-inches, however, would keep the game scoreless in the second quarter.

On the ensuing possession, Spartanburg returned a punt to the Greenwood 4-yard line, and Lynch punched it in for a touchdown to give the Vikings a 7-0 lead. The Vikings would hold their lead into the half.

The Eagles continued to have the same struggles in the second half, moving the ball on the ground but struggling to score near the redzone.

It was Greenwood defensive back Jamere Jackson who provided the spark the Eagles needed, recovering a fumble from a Spartanburg receiver to set up his team with a short field.

Tay Hamilton would pay off the turnover, scoring from four yards out to tie the game at 7.

The tie would be short-lived. With Lynch out dealing with cramps, freshman Mayson Whiteside helped lead a strong drive down the field for the Vikings and punched in a touchdown from inside the 10-yard line to help his team regain the lead. A blocked extra point would make the score 13-7.

Cassidy Lee would return the ensuing kickoff for a touchdown, but the play would be called back for holding at midfield.

With momentum against them, junior quarterback Zatavion White entered the game and led a brilliant drive, finding Ry’Keem Robinson in the corner of the end zone for a 20-yard touchdown to give his team a 14-13 lead with less than five minutes to play.

But as it had several times in the game, third-and-long came back to bite the Eagles. With less than a minute in the game, Spartanburg faced a third-and-16 from midfield and looked to be out of time. Desai then found receiver Tregan Mickler wide open over the middle for a long touchdown pass, and a successful 2-point conversion pass gave the Vikings a 21-14 lead with 0:32 to play.

Greenwood’s final drive for a comeback win would come up short at midfield.

“We’ll watch film, and people will see the mistakes that were made and the things we got to fix,” Liner said. “But ultimately that responsibility lies with me, and I’ve got to make sure that we got the right people on the field that understand exactly what we expect.”

Hamilton led the Greenwood offense with 87 yards and a touchdown on 20 carries. Quay Justesen and White rotated at quarterback in the second half, and Justesen finished 4-of-12 for 11 yards along with 14 rushing yards while White finished 4-of-5 for 22 yards along with 26 rushing yards.

Greenwood held Spartanburg's rushing attack, which went for 298 yards a week ago against Gaffney, to just 75 yards and 3.4 yards per carry. Spartanburg possessed the ball for just 16:45 to Greenwood's 27:15.

The Eagles travel to take on North Augusta next Friday.

Another Upstate Whataburger closes after less than a year

GREENWOOD — A small Upstate city that has long supported its locally owned burger joints such as the Dixie Drive-In, Garden Grille and Cheeseburger House has seen yet another chain burger place come and go.Whataburger is closing its Greenwood location less than a year after opening it.It is the second Upstate spot to shut down in recent months. In May, the company shuttered one of its five Greenville County locations, all built in the past two years.In a statement, Whataburger said it was closing the Greenwood loca...

GREENWOOD — A small Upstate city that has long supported its locally owned burger joints such as the Dixie Drive-In, Garden Grille and Cheeseburger House has seen yet another chain burger place come and go.

Whataburger is closing its Greenwood location less than a year after opening it.

It is the second Upstate spot to shut down in recent months. In May, the company shuttered one of its five Greenville County locations, all built in the past two years.

In a statement, Whataburger said it was closing the Greenwood location “as part of our routine business reviews.” It did not elaborate further.

In 2024, Whataburger began opening a flurry of South Carolina locations. There now are 18 across the state, most of which are in the Upstate, according to the company’s website.

The restaurants opened to much fanfare. When the first South Carolina spot opened in Boiling Springs, loyal fans waited overnight to get free Whataburger for a year. Hours before food was served, the drive-thru line wound around the parking lot at the adjacent Target.

In a 2023 interview with The Post and Courier, company officials said they planned to open about 10 new restaurants a year.

“We’re gonna earn that right to be called ‘your hometown Whataburger,’” President and CEO Ed Nelson — a Simpsonville native — said at the time.

In a statement, Whataburger said its commitment to South Carolina “remains strong,” pointing to new locations in Pendleton and Rock Hill that opened this year.

Asked whether the restaurant plans to close any additional locations, it said, “We don't have any additional South Carolina restaurant closures to announce.”

The Texas-based burger chain has been expanding aggressively since a Chicago investment firm bought it in 2019. There are now 1,100 restaurants across 17 states, according to the website.

The company is known for its 24/7 operating hours, fresh beef burgers, patty melts and spicy ketchup, among other offerings.

On social media, people reacted to the news without surprise. While some mourned the closure in Greenwood, which is about 50 miles south of Greenville, many offered up other restaurants they’d like to see instead.

Whataburger closes second SC restaurant. Here’s where and why

Whataburger closed its Greenwood restaurant Thursday after less than a year in business.It is the second South Carolina location to close after several years of rapid expansion by the Texas-based company.The Greenville restaurant at 1466 Woodruff Road, not far from the interchange at Interstate 385, closed in May.“While we’re sad to close this chapter in Greenwood, our commitment to serving South Carolina remains as strong as ever,” a company spokesman said in a news release. “As Whataburger conti...

Whataburger closed its Greenwood restaurant Thursday after less than a year in business.

It is the second South Carolina location to close after several years of rapid expansion by the Texas-based company.

The Greenville restaurant at 1466 Woodruff Road, not far from the interchange at Interstate 385, closed in May.

“While we’re sad to close this chapter in Greenwood, our commitment to serving South Carolina remains as strong as ever,” a company spokesman said in a news release. “As Whataburger continues to grow across the Southeast, we’re proud to serve guests at 16 other restaurants across South Carolina.”

The Greenwood restaurant was located at 262 Bypass 72 NW and opened last September.

The company suggested customers could find Whataburgers in Simpsonville and Anderson. Both are about 40 miles from Greenwood.

The company said in its statement the closing was a result of regular business reviews it conducts of all of its locations.

The Houston Chronicle reported late last year that Whataburger typically closes “underperforming restaurants during, or after, rapid expansion phases.”

When the Greenville store closed, the company said closings help “focus our efforts where we can make the biggest impact.”

The spokesman did not respond Thursday to questions regarding whether other closings in South Carolina were anticipated.

Whataburger, based in Texas and not associated with the locally owned What-A-Burger, opened its first South Carolina in 2024. Founded in 1950, the chain has more than 1,030 locations.

Whataburger President and CEO Ed Nelson, a South Carolina native and Clemson graduate, said having a Whataburger in South Carolina is a dream come true.

“As a native son, I’ve always known that our state’s rich culture and warm hospitality would be the perfect match for Whataburger’s tradition of bold flavors and extraordinary service,” he said in a news release.

Whataburger locations are open 24 hours a day, seven days a week, except Christmas Day.

There are two locations in Columbia and two in Lexington.

Greenwood County faces dueling votes on data centers at Tuesday night meeting

GREENWOOD COUNTY, S.C. (FOX Carolina) - Greenwood County residents are watching two competing measures ahead of a county council meeting Tuesday night that could determine whether data centers are allowed in the community.Two measures, opposite outcomesThe first measure would change zoning guidelines to allow data centers as a conditional use in Greenwood County, meaning they could be approved under certain conditions. Tuesday marks that measure’s third and final reading.At the same time, three council members ar...

GREENWOOD COUNTY, S.C. (FOX Carolina) - Greenwood County residents are watching two competing measures ahead of a county council meeting Tuesday night that could determine whether data centers are allowed in the community.

Two measures, opposite outcomes

The first measure would change zoning guidelines to allow data centers as a conditional use in Greenwood County, meaning they could be approved under certain conditions. Tuesday marks that measure’s third and final reading.

At the same time, three council members are sponsoring a second reading of a one-year moratorium that would block all data center approvals in the county.

Resident raises loophole concern

One neighbor said he is concerned that if the first ordinance passes before the second, council members would leave a loophole allowing data centers into the community.

“The thought that this would happen here is heart-wrenching because the cool thing about Greenwood — it’s under the radar in many ways and that’s a good thing,” said Russ Fitzgerald, a Greenwood County resident.

“There are beautiful places to live, beautiful terrain, it’s green and lush and beautiful. All that goes out the window if data centers come in,” Fitzgerald said. “It’s like something out of Star Wars. It’s the Death Star practically.”

Council members to speak at meeting

All seven council members were contacted for comment. Only two responded, Johanna Bishop and Dayne Pruitt. Both council members said they’ll make statements at Tuesday’s meeting.

Due to the expected crowd, the meeting will be held at District 50’s Performing Arts Center at 5:30 p.m. Tuesday.

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