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Eminent Domain Attorney Mount Pleasant, SC

Eminent Domain Attorneys in Mount Pleasant, SC

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

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

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

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Understanding Eminent Domain in South Carolina

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

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

Unfortunately, many South Carolina residents end up being on the wrong end of the cost-benefit analysis when it comes to fair compensation. That's why, if the government is trying to take your land, it's so important to get in touch with eminent domain attorneys in Mount Pleasant, 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:

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

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

The Process of Eminent Domain in South Carolina

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

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

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

Limits to Eminent Domain in South Carolina

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

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

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

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

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

The Process of Eminent Domain in South Carolina

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

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

If you choose not to sell to the government, they may proceed by filing a lawsuit to initiate the condemnation process. At this point, you can challenge the taking itself by working with eminent domain attorneys in Mount Pleasant, 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 in Mount Pleasant, SC, you may be able to stop them by challenging the taking itself. You can also challenge the purpose of the taking and argue that the reason for "public use" is really for private use.

Partial and Easement Taking of Your Land in South Carolina

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

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

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Under Eminent Domain, You Must Be Paid Fair Market Value

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

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

The amount of income your property could have produced

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

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

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

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

How the Government Condemns Your Land with Its Actions

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

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

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

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

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

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

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

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

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

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

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

Compensation

1. Help You Get Just Compensation

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

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

Rights

2. Help You Understand Your Rights

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

Complicated

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

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

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Eminent Domain Attorneys in Mount Pleasant, SC Fighting for Your Rights

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

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

Latest News in Mount Pleasant, SC

ArtFest returns to Mount Pleasant with live art, music, makers and family fun

For the last 23 years, Mount Pleasant’s annual ArtFest has created a gathering place where residents can connect, explore diverse art forms and support local talent. And this year promises the same experience.ArtFest will take place from 11 a.m. to 3 p.m on March 21 at Mount Pleasant Towne Centre, 1218 Belk Drive.The free community celebration invites families, art lovers and curious visitors to spend the afternoon immersed in inspiration and imagination.Throughout the day, attendees can enjoy live performances by ...

For the last 23 years, Mount Pleasant’s annual ArtFest has created a gathering place where residents can connect, explore diverse art forms and support local talent. And this year promises the same experience.

ArtFest will take place from 11 a.m. to 3 p.m on March 21 at Mount Pleasant Towne Centre, 1218 Belk Drive.

The free community celebration invites families, art lovers and curious visitors to spend the afternoon immersed in inspiration and imagination.

Throughout the day, attendees can enjoy live performances by area music and dance groups. Visitors can also wander the Art Walk lined with regional artists and makers of photography, jewelry, woodwork, candles, macrame and more. During the Plein Air Paint Out, artists will paint in various places throughout the venue to be judged and awarded during the event closing.

“Art in all its forms has the ability to transform and enlighten both the creator and the viewer,” said Nicole Harvey, community affairs chief with the Mount Pleasant Recreation Department. “We hope that festival participants will leave inspired to pursue their own possibly neglected creative sparks."

ArtFest will also feature a variety of interactive kids' activities. Young artists can try pedal-powered spin art with Good Clean Fun, have their faces painted and enjoy balloon creations and fairy hair styling.

Sweetgrass basket weaving demonstrations and additional craft stations will offer hands-on opportunities to learn about local traditions and artistic techniques. And come hungry, because vendors will be serving up goodies like gyros, chicken sandwiches, Italian ice and Bundt cakes.

“Events like ArtFest help strengthen community pride, encourage cultural appreciation and contribute to the local economy,” said Kathi Herrmann, Towne Centre's marketing director.

“For the local artists specifically, ArtFest provides a valuable platform to showcase their work, connect with new audiences and build relationships within the creative community,” she said.

Mount Pleasant apartment complex loses appeal of $1 million damages verdict for black mold

MOUNT PLEASANT — An apartment complex off Ben Sawyer Boulevard must still pay a mother and daughter $1 million for black mold exposure that left them seriously ill, a court has ruled.The S.C. Court of Appeals on March 4 rejected a Mount Pleasant apartment complex’s appeal of a 2022 jury verdict that found it negligent in its response to Karolina and Krista Richardson’s complaints about black mold in their apartment.The mother and daughter lived at the Oyster Park Apartments at 1421 Shucker Circle complex for a...

MOUNT PLEASANT — An apartment complex off Ben Sawyer Boulevard must still pay a mother and daughter $1 million for black mold exposure that left them seriously ill, a court has ruled.

The S.C. Court of Appeals on March 4 rejected a Mount Pleasant apartment complex’s appeal of a 2022 jury verdict that found it negligent in its response to Karolina and Krista Richardson’s complaints about black mold in their apartment.

The mother and daughter lived at the Oyster Park Apartments at 1421 Shucker Circle complex for about four months in 2017 soon after it opened to tenants. At issue was how long it took for management to respond to their complaints about the presence of mold and how long they knew about it, according to court records.

The two began reporting the symptoms and the presence of black mold in late May 2017 after they were moved to a new unit due to flooding. It wasn’t until they made several requests for mold testing for a month did management hire a lab on July 10, 2017.

The results confirmed what the mother and daughter already knew because of their history of asthma and other conditions that made them sensitive to mold exposure.

The family was moved to another unit. Their health problems related to mold exposure persisted until they left the complex in September 2017. According to the lawsuit, both contracted toxic mold disease as a result of their four months at Oyster Park.

Ninth Circuit Court Judge Jennifer McCoy presided over the 2022 trial. The apartment’s attorneys argued on appeal the judge erred in not providing a directed verdict. They also argued McCoy should not have found them in violation of evidence disclosure rules after notebooks were released on the eve of the trial. McCoy ordered the apartment complex pay the Richardson’s legal fees as a result, according to court records.

An attorney for Oyster Park did not immediately return a request for comment. The appeals court noted that the complex did eventually remediate the mold.

During litigation, Clay McCullough, who represented the Richardson’s, presented several other complaints from residents at Oyster Park that had also struggled with mold and water infiltration in the newly opened complex.

“Our overwhelming hope is that the apartment will pay out what is owed so the Richardson’s can get on with their lives,” McCullough said.

Mount Pleasant sex offender to be jailed for probation violations

CHARLESTON COUNTY, S.C. (WCSC) — A convicted sex offender’s probation has now been partially revoked after Charleston County deputies say he failed to report multiple internet and social media accounts.Travis Reed Gaye, 27, is facing charges associated with failing to register.A judge has ordered Gaye to spend 180 days behind bars for his probation violations. Court records indicate he will then have his probation reinstated and wear an electronic monitoring device.The Sex Offender Registry Unit completed an ...

CHARLESTON COUNTY, S.C. (WCSC) — A convicted sex offender’s probation has now been partially revoked after Charleston County deputies say he failed to report multiple internet and social media accounts.

Travis Reed Gaye, 27, is facing charges associated with failing to register.

A judge has ordered Gaye to spend 180 days behind bars for his probation violations. Court records indicate he will then have his probation reinstated and wear an electronic monitoring device.

The Sex Offender Registry Unit completed an audit of Gaye and discovered three internet or social media accounts he had not previously disclosed, sheriff’s spokesperson Lexi Douglas said.

In November, Gaye pleaded down to six counts of third-degree sexual exploitation of a minor and was subsequently required to register as a convicted sex offender. Court documents state that, in 2023, Gaye had video of an infant being forced to commit sex acts.

At the hearing, Gaye was sentenced to five years of sex offender probation, placed on the sex offender registry and told he would serve 10 years in prison if he violated probation. Gaye registered nine days later and acknowledged in his contract that he must provide internet accounts and internet identifiers.

Live 5 Investigates first followed accusations of Gaye violating probation and the registry on Feb. 23, where he stood before a judge following an arrest by South Carolina’s Department of Probation, Parole and Pardon Services.

Gaye was arrested for two violations of his parole: allegedly possessing sexually explicit materials and possessing alcohol, both of which were violations of his parole.

An order of continuance was filed, which stated that the court received an email from the General Counsel at the Department of Probation, Pardon and Parole Services four days later.

At the hearing, Judge David Graham said he would have a decision by the end of the week, but that decision was not made by the time he was rearrested.

It went on to state, “the Department’s recommendation had changed from what had been presented at the hearing.” Originally, the state recommended GPS tracking, increased levels of supervision, and continued counseling, but did not recommend more time behind bars.

Gaye’s attorney, Charlie Condon, objected to the email and any consideration of the email without a hearing, records state. The matter of Gaye’s probation violation was continued to the next available court term.

Gaye currently lives in Mount Pleasant and his proximity to nearby parks and recreational facilities has raised concerns with neighbors. He is legally allowed to live within 1,000 feet of these locations because of loopholes in South Carolina law.

PRIOR COVERAGE: SC child sex offender arrested on probation violations, released same day

He remains booked at the Al Cannon Detention Center.

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