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 Ravenel, SC, these families can receive the just compensation they deserve.
Remember that when you purchase or are given a plot of land, your property rights aren't as absolute as you may think. According to the United States Constitution, the government has the authority to take your property under specific circumstances. Essentially, your property rights are not absolute.
What's interesting is that the government's ability to take your property is actually stated in the Constitution. Even though the Constitution states that "private property shall not be taken for public use without just compensation," in essence, this means the government can take your property if the intended use is valid and they compensate you fairly. The Supreme Court upheld this view in 1876, interpreting that the government had this power based on the Constitution. Eminent domain was frequently used during the construction of the nation's railroad system, often without sufficient limitations on the government.
Unfortunately, many South Carolina residents end up being on the wrong end of the cost-benefit analysis when it comes to fair compensation. That's why, if the government is trying to take your land, it's so important to get in touch with eminent domain attorneys Near Me Ravenel, SC, as soon as possible. That way, you have someone by your side for any legal proceedings or disputes. At Lauren Taylor Law, we have a proven track record of achieving positive outcomes for our clients in cases where the government has failed to fulfill its legal responsibilities.
There are typically two different ways that the government may take your property. Those include:
In both scenarios, you could be forced into litigation in order to protect your rights, even though you had no plans on doing so.
When the government wants to acquire your land, they will typically begin by making a formal offer to buy your property. At this point, you may have the opportunity to negotiate with them. If you decide that selling your property is the best option, it's important to work towards reaching an agreement with the government on the sale price. This isn't always a straightforward process because the government may not be willing to offer you a fair amount.
To determine the price of your property, the government will have their appraiser assess the value of the property. This appraiser functions much like an adjuster for an insurance company, many of whom offer lowball pricing. You should know that you have the right to hire your own appraiser to determine an independent valuation. This is often the best course of action if you're considering selling to the government.
If you choose not to sell to the government, they may proceed by filing a lawsuit to initiate the condemnation process. At this point, you can challenge the taking itself by working with eminent domain attorneys Near Me Ravenel, SC. You can also ask the court to determine the fair market value of the property if the government's valuation is lower than what you believe is fair.
Given the history of these cases, you can never trust the government to act fairly. Why? Because local officials often have interests in such matters, and your rights are getting in their way. Sometimes, the only viable route you have is to lawyer up and fight the case in court.
When the government wants to acquire your land, they will typically begin by making a formal offer to buy your property. At this point, you may have the opportunity to negotiate with them. If you decide that selling your property is the best option, it's important to work towards reaching an agreement with the government on the sale price. This isn't always a straightforward process because the government may not be willing to offer you a fair amount.
To determine the price of your property, the government will have their appraiser assess the value of the property. This appraiser functions much like an adjuster for an insurance company, many of whom offer lowball pricing. You should know that you have the right to hire your own appraiser to determine an independent valuation. This is often the best course of action if you're considering selling to the government.
If you choose not to sell to the government, they may proceed by filing a lawsuit to initiate the condemnation process. At this point, you can challenge the taking itself by working with eminent domain attorneys Near Me Ravenel, SC. You can also ask the court to determine the fair market value of the property if the government's valuation is lower than what you believe is fair.
While the government can use its power to take your land, there are limits on its ability to do so. Namely:
As such, there are two reasons why you can sue the government as part of an eminent domain case:
Given the history of these cases, you can never trust the government to act fairly. Why? Because local officials often have interests in such matters, and your rights are getting in their way. Sometimes, the only viable route you have is to lawyer up and fight the case in court.
Landowners commonly contest whether the taking is genuinely for public use. There are constraints on the government's actions and the reasons for which they can seize your land. The interpretation of these terms by the courts often favors the government. "Public use" does not simply mean that your property would be open to the general public. Instead, the term is more akin to "for the benefit of the public."
Historically, the government expropriated private lands for projects such as bridges and highways. Numerous legal battles arose during the period when the nation was constructing its railroad system. In these instances, the courts typically interpreted "public use" more broadly.
Some of the most common reasons why government landtaking is upheld include the building of structures like:
These are the more "traditional" uses of eminent domain, where the public use would be less in question. However, the law also permits certain utilities to wield the power of eminent domain. For instance, in a recent case in South Carolina, Dominion Energy was granted the authority to acquire homes in order to construct an energy pipeline.
Regrettably, governments have historically tended to misuse this authority, and some courts have even condoned such actions. As an example, courts in Toledo, Ohio, allowed 83 homes to be taken from residents in order to construct a manufacturing plant for Chrysler, which said the plant would create jobs for the public.
If the government is trying to take your land, you should never give up on your property. By working with eminent domain attorneys Near Me Ravenel, SC, you may be able to stop them by challenging the taking itself. You can also challenge the purpose of the taking and argue that the reason for "public use" is really for private use.
Many people worry about the government taking over their entire piece of land. However, in some cases, the government may not need all your property and might not want to compensate you for it. They may only require a portion of your land.
In such instances, the government not only has to pay you for the part of the land they are taking, but they also have to compensate for the decreased value of the remaining land that you still own. Additionally, the government may seek to obtain an easement on your land through eminent domain. This easement could be for utilities or access to another area. Once again, the government must compensate you for the land taken and for the reduction in value of the rest of your property.
In essence, fair market value represents the amount a willing buyer would offer to a seller for their property. While this concept seems straightforward, applying fair market value in reality can be quite challenging. In many instances, negotiating with the government may be necessary to receive proper compensation for your land. Just like any negotiator, the government typically begins with a low offer and anticipates a counteroffer from you to reach a mutual agreement. Rarely does the government present its best offer right from the start.
Several valuations may be considered to determine your property's fair market value:
The amount of income your property could have produced
Comparison of sales to other similar properties in the area that were recently sold (there could be disagreements pertaining to what is comparable)
The amount of money it would cost to replace your property (and the structures built on it) minus depreciation
In reality, during a trial, both you and the government would have valuation experts testify. First, you'd have to choose the relevant valuation, which the government might dispute. Then, you'd need to apply the appropriate valuation method. There might be a significant difference between your numbers and the government's.
However, even if you couldn't prevent the seizure of the property, many have successfully challenged the government's valuation of their property. Property owners have compelled the government to pay more, and our team of eminent domain attorneys Near Me Ravenel, SC, has represented many of them in the legal process over the years.
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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 Ravenel, SC, right away.
The truth is that the government can be just as challenging to deal with as an insurance company. Despite your constitutional rights, they might try to conceal information or offer far less compensation than your property is worth.
In an eminent domain lawsuit, you're essentially challenging the government. While some courts might show some level of deference to the government, they are not given free rein to do as they please. It's within your rights to stand up and contest the government's actions if they violate your rights. But to fight back effectively, your best bet is to work with an eminent domain lawyer from Lauren Taylor Law.
Your attorney will assess the best legal approach for your case, which could involve suing the government or vigorously defending against their lawsuit. You could also negotiate compensation, either before or after the case goes to court.
If you receive notice that your property is being targeted for eminent domain action, also known as condemnation, it's important to seek advice from an eminent domain attorney. Many people won't reach out to a lawyer when dealing with this kind of legal issue because they:
Unfortunately, these assumptions are rarely, if ever, true. In fact, you may actually be more vulnerable and at risk than you originally thought. This misunderstanding illustrates exactly why you should enlist the services of a reputable eminent domain attorney. With the assistance of a legal expert who is well-versed in South Carolina eminent domain law, property owners can safeguard their rights and secure maximum compensation.
Here are the top three ways an eminent domain lawyer can help:
It's important to keep in mind that the initial offer from the government for your property is often the lowest amount they think they can get away with. This rarely represents the full and fair compensation you deserve. An attorney has the expertise and resources to ensure that you receive proper compensation for the value of your property, including relocation expenses and more.
In some instances, an eminent domain attorney may be able to secure a higher amount than what the government is proposing. The eminent domain lawyers at Lauren Taylor Law are dedicated to safeguarding your rights and protecting your property
Government agencies are not permitted to simply take any property they desire. According to the 5th Amendment, they must prove that the condemnation is genuinely for public use and meets other specific criteria. You have the right to demand that the state fulfill these criteria before seizing your property. Plus, if only a portion of your property is necessary to complete the project, you have the right to safeguard the ownership of the remaining part of your property.
Eminent domain cases and their related laws can be quite intricate and overwhelming for the average property owner. You shouldn't be expected to grasp all the technical terms, and you certainly shouldn't be penalized for not fully understanding the process. That's why having an experienced eminent domain lawyer by your side is valuable on many levels. A skilled eminent domain attorney will assist you through each stage in plain language that you can grasp. With an eminent domain attorney advocating for you throughout your case to safeguard your rights, you stand a better chance of receiving the compensation you rightfully deserve.
If the government takes your property or prevents you from using it, you have the right to file a lawsuit. The law provides you with the opportunity to stand on equal ground with our government, allowing your lawyer to advocate for your rights in court.
At Lauren Taylor Law, our eminent domain lawyers step in so you don't get pushed around. Our goal is to fight the government on your behalf, so you get the compensation you deserve. Contact our office today to learn more about eminent domain in South Carolina and how our firm can help.
Tea Farm subdivision homeowners seeing bills up to $775 for two-person home linked to irrigationRAVENEL, S.C. (WCSC) — Dozens of residents in a small Ravenel neighborhood are frustrated with recent expensive water bills and a reported high usage of water.Neighbors living in the Tea Farm , a new residential area by Ashton Woods, are all experiencing bills up to $775 and seeing tens of thousands of gallons of water allegedly used on their Charleston Water System bills. The bills range from the $200’s to the $700&rsq...
RAVENEL, S.C. (WCSC) — Dozens of residents in a small Ravenel neighborhood are frustrated with recent expensive water bills and a reported high usage of water.
Neighbors living in the Tea Farm , a new residential area by Ashton Woods, are all experiencing bills up to $775 and seeing tens of thousands of gallons of water allegedly used on their Charleston Water System bills. The bills range from the $200’s to the $700’s. However, officials with the Charleston Water System say their meters are working, there are no leaks and the issue seems to be between the developer and the residents in the area.
“We instantly logged on and looked at all the accounts, and we sent some guys out in the field to take a closer look, and we even talked to people in the community to find out what’s going on, and it’s extremely clear to us that the residents or the builder, have been irrigating to an incredible amount, using thousands and thousands of gallons to irrigate the new grass and the new plantings that have gone into these homes,” Mike Saia, Charleston Water System director of communications, says.
Residents say it wasn’t them.
Within the subdivision, residents shared that they were all given four sprinklers and two timers at the time of closing. While many residents realized sprinklers could be the source, they switched them off, but are still experiencing bills in the hundreds. Water officials say the source could be coming from the builders planting and watering new sod within the neighborhood and the costs falling on the homeowners. They revealed their data shows hours of irrigation. The subdivision is brand new and currently only has 63 built homes, with hundreds more to come.
“So what you have is a challenge between the homeowner and the builder over who’s responsible for the water bill,” Saia says. “Unfortunately, Charleston Water System does not have a mechanism to step in and help these people with their bills because they did use the water, and so they have to be charged for the water, just like anyone else who uses water, but we hope that the residents can find a way to work with the builder to resolve their conflicts.”
Water officials broke down what normal rates for residents outside the city of Charleston should look like. They say the average customer uses around 750 gallons of water per bill, but all of the concerned residents had tens of thousands of gallons of water reportedly used.
“Those are bills that you see often when people fill a swimming pool, or in this case, when they irrigate their front yard for about a week straight with four times a day running the hose for a few hours,” Saia says.
The Charleston Water System says they understand the frustrations and hope a resolution comes quickly. They also confirmed the next bills are on the lower end, and the gallons of water have gone down, but they can’t say it won’t happen again with new homeowners.
“Our heart absolutely goes out to people every time they get an exorbitant bill,” Saia says. “But unfortunately, there’s no mechanism for them to recoup any costs because they did use the water and whether the builder used the water or the homeowner, it still came from the residents’ taps and so they are fully responsible for that bill.”
Judi Guerrero remembers getting her first water bill and feeling in shock when seeing that her home had reportedly used nearly 22,500 gallons of water in only 13 days, resulting in a $562 bill. Although Guerrero’s second bill she received was $257, she says she’s never received a bill that high anywhere else in the Lowcountry. She even stopped watering the lawn and cut down on showering multiple times a day.
“The entire neighborhood is literally talking about this,” Guerrero says.
There are many residents just like her experiencing the same jaw-dropping moment when reviewing their bills.
Pam Paternoster moved into the subdivision on June 23 and received a five-day bill for $374.
“We just have to get this rectified because this is crazy,” she says. “This is a huge problem. The mayor is aware of it. The Charleston Water Department is aware of it. We need answers and we need resolutions.”
Now the question is: will this keep happening to new residents and who will ultimately be held responsible for the water they allegedly used?
Kristine Goodrich is a first-time homeowner and says the bills have been “especially discouraging.” Goodrich and her husband closed on their home in May, but have already been billed $775.93 for a reported 15,668 gallons of water usage.
“Saving enough for a down payment and purchasing our first home was already a major financial hurdle, even with both of us working good, full-time jobs,” Goodrich says. “We were incredibly excited to become homeowners after years of renting apartments, but now we’re dealing with unexpectedly high water bills without a clear explanation for why our usage is so high.”
Goodrich has attempted to get answers throughout the process, but has been told it would cost $40 to have officials check for leaks and an additional $75 to receive daily consumption reports.
She was also told that installing a separate irrigation meter could help reduce sewer charges on outdoor water usage. The second meter would track outdoor water usage and homeowners would only pay sewer charges based on their indoor water usage, which typically decreases when the irrigation meter is used for outdoor watering. The total cost to install a ¾” domestic irrigation meter is $535.
However, she says for a two-person household that does not have an in-ground irrigation system and only hand-waters plants every other day, investing in a separate irrigation meter is currently not an affordable solution.
Cathleen and Anthony Derhovanesian are other residents reporting the same issue. They moved into their home at the end of May and their latest water bill from June was $472 with a reported usage of 21,857 gallons of water.
“When the usage is calculated over a full month, it equates to well over 30,000 gallons of water and sewer service, which we believe is unreasonable for our household,” Derhovanesian says.
They also compare it to their bill from their previous residence in Goose Creek, where, during the same amount of time, number of occupants and size of the home, they only used 3,600 gallons of water.
The Derhovanesians had a Charleston Water System representative inspect the property, but they found no leaks or any other issues with their plumbing.
“Personally, to the builder, I think if there is something on their end, they do need to confront with it and say, ‘Hey, we understand this is going on, we’re trying to figure it out,’ but they’re not trying to help us at all,” Katie McCants, another Tea Farm subdivision homeowner, says. “They’re just putting the blame on the water company, just like the water company is kind of doing to the builder.”
Many of the residents in the area say they are frustrated and are desperate for answers.
Ravenel Mayor Stephen Tumbleston says he’s pushing for the answers the new residents are looking for.
“I’m here to advocate for the new residents and the town staff is doing research on our end to confirm numbers are correct and there was a clean cut off when the homes were under the builders versus the homeowners,” Tumbleston says. “My office will be back in touch with Ashton Woods, Charleston Water System and the Tea Farm subdivision.”
The developer known as Ashton Woods says:
“Tea Farm has no community-wide automated irrigation system. The homes in the community were provided above-ground watering equipment, including garden hoses, sprinklers and battery-operated hose timers that connect to the home’s outdoor spigot. That equipment belongs to the homeowner and can be adjusted, reset, reprogrammed, or removed at any time. Water service is provided by Charleston Water System and transfers to the homeowner at closing. Ashton Woods has no access to a home’s water service after closing and does not have any control over individual homeowner water bills.”