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Eminent Domain Attorneys Near Me Lexington, 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 Lexington, 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 Lexington, 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 Lexington, 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 Lexington, 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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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 Lexington, 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 Near Me Lexington, 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 Lexington, 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 Near Me Lexington, 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 Lexington, SC

Lexington County, SC – Scam Alert: Deputies Urge Residents to Hang Up

Lexington, SC – Deputies in Lexington County are warning residents today about a resurgence in phone scams after a local woman reported receiving a fraudulent call claiming she had missed jury duty.According to the Lexington County Sheriff’s Department, scammers are again posing as law-enforcement officials and attempting to pressure victims into making immediate payments. The department released a video Friday showing an interaction with a resident who said she was contacted by someone who claimed she fac...

Lexington, SC – Deputies in Lexington County are warning residents today about a resurgence in phone scams after a local woman reported receiving a fraudulent call claiming she had missed jury duty.

According to the Lexington County Sheriff’s Department, scammers are again posing as law-enforcement officials and attempting to pressure victims into making immediate payments. The department released a video Friday showing an interaction with a resident who said she was contacted by someone who claimed she faced arrest unless she paid a fine.

Deputies emphasized that no agency in South Carolina will ever demand payment over the phone, nor will officers request gift cards, prepaid cards, or bank transfers to resolve legal matters. In the video, the woman describes being caught off guard by the caller’s urgent tone before realizing the situation didn’t add up.

Investigators say these scams often spoof legitimate phone numbers, making the call appear official. The sheriff’s office is urging residents to end the call immediately, block the number, and contact law enforcement if they receive similar messages. Officials stress that ignoring the call will never put anyone at risk of arrest.

The department also encouraged families to speak with older relatives, who are frequently targeted because scammers rely on fear and confusion to coerce payments. Deputies advise residents to avoid sharing personal information over the phone and to independently verify any suspicious claims by calling the agency directly.

Anyone who believes they were targeted or lost money in a scam is asked to file a report with the Lexington County Sheriff’s Department or the South Carolina Attorney General’s Consumer Protection Division.

This article was produced by a journalist and may include AI-assisted input. All content is reviewed for accuracy and fairness.Follow us on Instagram & Facebook for more relevant news stories and SUPPORT LOCAL INDEPENDENT NEWS! Have a tip? Message us!

‘It’s amazing’: New affordable housing community opens doors in Lexington County

LEXINGTON COUNTY, S.C. (WIS) - The Peaks of Lexington held its ribbon-cutting ceremony today, becoming the newest affordable housing community in Lexington County.Located off Highway 1 near Lexington High School, the new development offers 78 1 to 3-bedroom units.There are income restrictions; units are available for families earning 30% 50% and 60% of the area’s median income, which, according to the most recent census data for Lexington County, is around $75,000.According to complex managers, rent for a one-bedro...

LEXINGTON COUNTY, S.C. (WIS) - The Peaks of Lexington held its ribbon-cutting ceremony today, becoming the newest affordable housing community in Lexington County.

Located off Highway 1 near Lexington High School, the new development offers 78 1 to 3-bedroom units.

There are income restrictions; units are available for families earning 30% 50% and 60% of the area’s median income, which, according to the most recent census data for Lexington County, is around $75,000.

According to complex managers, rent for a one-bedroom unit is at a minimum of $424, and for a three-bedroom unit, the maximum is $1,183.

Brandon Lang is a resident of the ‘Peaks of Lexington’, he’s a dad of three who was searching for a place to call home that wouldn’t hurt his pocket book.

“It’s a super load off to not have to think, am I going to pay rent, get gas, or get food. And you can do all of those things, it’s a super stress reliever,” said Lang.

In the last four years, Lexington County’s population has grown 7% according to the U.S. Census Bureau, making developments like this vital for the community.

Sam Coats, the vice president of development for Resource Housing Group, said this is just a small piece of the puzzle in addressing affordable housing needs in Lexington and across the state.

“In Lexington County, there is incredible need for affordable housing. This project is only going to capture a small percentage of that need. This is a family Tennessee property, where children will be able to grow up in families that are trying to support their families, and also a growing life for their children are going to be able to do that here,” Coats said.

45% of renters within the county are considered house cost burdened according to the South Carolina State Housing Finance and Development Authority (SC Housing). That means renters pay more than 30% of their income for housing alone.

“It sets you up, not only are you getting your credit together, not only are you saving money, like saving. Even if you aren’t going to be a homeowner. You need a new car or an emergency comes up, you are in a position to take care of things,” said Lang.

The number of homes sold in South Carolina for less than $100,000 decreased by 14.8% since 2014, according to SC Housing. For someone like Lang, who is trying to save money to buy a house for his family, affordable housing communities are giving him the flexibility to make that dream a reality sooner.

“I genuinely thought I was going to pay more than what I’m paying right now. It’s amazing,” said Coats.

The new development features several amenities, including a playground, pavilion, laundry room and fitness center.

Each unit is equipped with its own washer and dryer connection and a full kitchen.

The $18 million project was paid for with low-income housing tax credits from SC Housing. Partners for the project include Monarch Capital, CAHEC and lenders ServicFirst and Bellwether Enterprise Real Estate Capital.

The Peaks of Lexington is currently welcoming new tenants. To apply, visit the Peaks of Lexington website.

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Lexington, SC – School Worker Arrested: Man Allegedly Brought Loaded Gun on Campus

Lexington, SC – A Sandhills Middle School cafeteria employee was taken into custody Monday afternoon after allegedly bringing a loaded firearm onto school property, prompting concerns among staff and administrators.According to the Lexington County Sheriff’s Department, the incident unfolded after a district employee told school administrators they discovered a firearm inside one of the employee-designated bathrooms. Sheriff Jay Koon said the school resource officer was notified immediately.The empl...

Lexington, SC – A Sandhills Middle School cafeteria employee was taken into custody Monday afternoon after allegedly bringing a loaded firearm onto school property, prompting concerns among staff and administrators.

According to the Lexington County Sheriff’s Department, the incident unfolded after a district employee told school administrators they discovered a firearm inside one of the employee-designated bathrooms. Sheriff Jay Koon said the school resource officer was notified immediately.

The employee, identified in the arrest warrant as Andrea Brooks, 43, allegedly acknowledged leaving the firearm behind after realizing he still had it on him earlier that day. Authorities said the bathroom was locked off to students, preventing any access before deputies retrieved the weapon.

School officials placed Brooks on administrative leave following the discovery. Deputies took him into custody at the school later Monday afternoon. According to the sheriff’s department, Brooks is charged with carrying a weapon on school property and is being held at the Lexington County Detention Center.

No threats were made, and no injuries were reported during the incident, Sheriff Koon said. The school district has not released additional comments but confirmed that safety protocols were followed once the firearm was reported.

Parents in Lexington County continue to express heightened concern surrounding school safety following recent regional incidents, making Monday’s arrest a topic of widespread local discussion. Officials have not indicated whether additional charges are being considered as the investigation continues.

Authorities did not release details about the type of firearm involved or how long it may have been in the school bathroom before discovery.

This article was produced by a journalist and may include AI-assisted input. All content is reviewed for accuracy and fairness.Follow us on Instagram & Facebook for more relevant news stories and SUPPORT LOCAL INDEPENDENT NEWS! Have a tip? Message us!

Popular chain Parker’s Kitchen planning store in this bustling Lexington area

A growing convenience store chain that is known for its various food options is planning a new spot along a busy Lexington road.Parker’s Kitchen, which has more than 100 locations across South Carolina and Georgia, is eyeing a new location at 5387 Augusta Road, according to the town of Lexington’s October planning and zoning actions report. The site is about a half-mile east of the Lexington County Library and about a mile-and-a-half east of the heart of downtown Lexington.The town of Lexington’s zoning report...

A growing convenience store chain that is known for its various food options is planning a new spot along a busy Lexington road.

Parker’s Kitchen, which has more than 100 locations across South Carolina and Georgia, is eyeing a new location at 5387 Augusta Road, according to the town of Lexington’s October planning and zoning actions report. The site is about a half-mile east of the Lexington County Library and about a mile-and-a-half east of the heart of downtown Lexington.

The town of Lexington’s zoning report lists the Augusta Road Parker’s Kitchen plans as “under review.” Lexington County property records indicate that Drayton-Parker Companies, the Parker’s store developer, purchased the land at 5387 Augusta Road in October. No construction had begun at the site when a reporter went by on Thursday morning.

While there are a host of Parker’s stores in coastal South Carolina and Georgia, as well as in the Augusta area, the company is still at the early stages of its entry into the Midlands.

A company official told the city of Columbia’s zoning board at a March meeting that Parker’s was planning approximately 15 stores in the greater Columbia market over the next four to five years. A Parker’s location is on the way at 191 Earth Road near northeast Columbia, in the Market at Spears Creek shopping center, and Lexington County Planning Commission documents from earlier this year showed a location is planned at 1367 N. Lake Drive in Lexington.

Parker’s is known for all the convenience store staples — gasoline, snacks, etc. — but also for having a number of hot food items in its kitchens. That includes breakfast items such as fish & grits, biscuits & gravy, biscuit sandwiches and more, as well as lunch items including chicken tenders and sandwiches, pork chops and catfish.

Augusta Road is a high-traffic thoroughfare running into and out of downtown Lexington. More than 27,000 cars per day traverse the section of Augusta Road near where the Parker’s is planned, per state Department of Transportation data.

Private SC real estate developer breaks ground on new building near airport

A South Carolina-based real estate development group has broken ground on a 120,000 square-foot industrial building, another piece in its larger plan for an industrial park next to Columbia Metropolitan Airport.Magnus Development Partners, a private developer, announced the groundbreaking of its latest industrial complex in a press release Wednesday. The new building marks the third of four that the company plans to add on a little over 50 acres next to the airport.The company already has two fully-leased buildings, both at mor...

A South Carolina-based real estate development group has broken ground on a 120,000 square-foot industrial building, another piece in its larger plan for an industrial park next to Columbia Metropolitan Airport.

Magnus Development Partners, a private developer, announced the groundbreaking of its latest industrial complex in a press release Wednesday. The new building marks the third of four that the company plans to add on a little over 50 acres next to the airport.

The company already has two fully-leased buildings, both at more than 250,000 square feet, and intends to begin work on the fourth and final building in 2026, the release said. The land sits east of the airport, squished between it and Interstate 26.

“The continued momentum and growth across the Columbia market is energizing as we continue development in Lexington County and across the Midlands,” Magnus partner Bill Owen said in a statement.

The private industrial park, separate from the county, will join three county-held industrial parks across Lexington: Saxe Gotha Industrial Park, Batesburg-Leesville Industrial Park and Chapin Business and Technology Park at Brighton. The last of which, in Chapin, sits vacant more than seven years after being completed. As of 2020, Lexington County had spent more than $16 million on the property and has poured hundreds of thousands of dollars into its upkeep and maintenance.

Manufacturing is the third-largest industry in Lexington County, behind retail and health care.

Magnus Development has pitched its industrial park, coined 803 Park, as significant because of its access to interstate, train and air. The company also pointed to its proximity to the coast. The land sits in what’s known as a foreign trade zone, meaning that manufacturing companies would have the option to receive an FTZ designation, which could save them money on duties and taxes.

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