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Eminent Domain Attorneys in Sumter, 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 Sumter, SC, these families can receive the just compensation they deserve.
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 Sumter, 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?
- The Process of Eminent Domain in South Carolina
- What Constitutes "Public Use" of Your Land in South Carolina?
- Partial and Easement Taking of Your Land in South Carolina
- Under Eminent Domain, You Must Be Paid Fair Market Value
- How the Government Condemns Your Land with Its Actions
- What Should You Do if Your Land Can Be Taken by the Government?
- Top 3 Reasons to Hire an Eminent Domain Lawyer in South Carolina
- Eminent Domain Attorneys in Sumter, SC Fighting for Your Rights
How Can the Government Take Your Property?
There are typically two different ways that the government may take your property. Those include:
- 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 Sumter, 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 Sumter, 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
These are the more "traditional" uses of eminent domain, where the public use would be less in question. However, the law also permits certain utilities to wield the power of eminent domain. For instance, in a recent case in South Carolina, Dominion Energy was granted the authority to acquire homes in order to construct an energy pipeline.
Regrettably, governments have historically tended to misuse this authority, and some courts have even condoned such actions. As an example, courts in Toledo, Ohio, allowed 83 homes to be taken from residents in order to construct a manufacturing plant for Chrysler, which said the plant would create jobs for the public.
If the government is trying to take your land, you should never give up on your property. By working with eminent domain attorneys in Sumter, 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
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.
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.
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 Sumter, 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 Sumter, 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.
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:
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
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.
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 Sumter, SC Fighting for Your Rights
843-790-9009If 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 Sumter, SC
Woodlawn fire burns 632 acres in South Carolina
Alyse Rhuehttps://abcnews4.com/news/state/2026-03-14-200-acre-wildfire-burns-on-sumter-national-forest-woodlawn-fire-burning-mccormick-county
(WACH) — Firefighters from the U.S. Forest Service and several partner agencies have made significant progress on the Woodlawn Fire burning in southern McCormick County.The wildfire, now estimated at 632 acres, is burning on Sumter National Forest and South Carolina Department of Natural Resources land, about six miles north of Evans, Georgia. Officials said about 40 firefighters are working to contain the blaze.The fire is burning in heavy, dead, and fallen debris left by Hurricane Helene, making it difficult for crews t...
(WACH) — Firefighters from the U.S. Forest Service and several partner agencies have made significant progress on the Woodlawn Fire burning in southern McCormick County.
The wildfire, now estimated at 632 acres, is burning on Sumter National Forest and South Carolina Department of Natural Resources land, about six miles north of Evans, Georgia. Officials said about 40 firefighters are working to contain the blaze.
The fire is burning in heavy, dead, and fallen debris left by Hurricane Helene, making it difficult for crews to access the area, according to officials.
An aircraft was used on Saturday for strategic firing operations, bringing the fire to roadways where crews could more safely suppress it.
Officials said on Sunday that firefighters are focusing on securing control lines along the fire’s perimeter, extinguishing burning material threatening containment, and using a masticator to grind debris along control and contingency lines to reduce hazardous fuels.
Light rain is expected Sunday afternoon and tomorrow, followed by higher winds. There are currently no evacuations, and no structures are threatened, officials said.
Drivers should be cautious on Woodlawn Road and Highway 28, where visibility is reduced by smoke. Officials said there are currently no evacuations and no structures are threatened.
Smoke will continue to be visible in nearby communities, including Modoc and Clarks Hill in South Carolina. Smoke is also visible in Martinez, Evans, and Augusta in Georgia.
People should not fly drones near the wildfire, officials said they are dangerous to firefighters and public safety. If drones are seen, firefighting aircraft will be grounded, delaying response efforts.
The Woodlawn Fire was found around 6 p.m. Friday. Officials said the cause remains unknown.
The U.S. Forest Service is working with the South Carolina Forestry Commission, South Carolina Department of Natural Resources, and the Clarks Hill Fire Department.
‘Ringleader’ already in prison for multimillion SC Medicaid scheme receives more prison time
Anisa Snipeshttps://www.foxcarolina.com/2026/03/13/ringleader-already-prison-multimillion-sc-medicaid-scheme-receives-more-prison-time/
GREER, S.C. (FOX Carolina) - The United States Attorney’s Office said a Greer man has been sentenced to federal prison for wire fraud and money laundering related to CARES Act fraud.Officials said 54-year-old Jonathan Wade Sumter will serve 80 months in prison, followed by a three-year term of court-ordered supervision.According to the US Attorney’s Office, evidence revealed that between June 2020 and Jan. 2022, Sumter, his twin brother Jason Elijah Sumter, and Gerothia McCullough came up with a scheme to defraud th...
GREER, S.C. (FOX Carolina) - The United States Attorney’s Office said a Greer man has been sentenced to federal prison for wire fraud and money laundering related to CARES Act fraud.
Officials said 54-year-old Jonathan Wade Sumter will serve 80 months in prison, followed by a three-year term of court-ordered supervision.
According to the US Attorney’s Office, evidence revealed that between June 2020 and Jan. 2022, Sumter, his twin brother Jason Elijah Sumter, and Gerothia McCullough came up with a scheme to defraud the Paycheck Protection Plan and Economic Injury Disaster Loan programs by applying for funds on behalf of sham or defunct companies.
Officials went on to say that Jonathan and the others submitted applications containing phony company expenses, employee wage statements, and other false documents on behalf of the following companies:
Using these fraudulent applications, they obtained over $1.8 million of EIDL and PPP payments, officials said.
“Jonathan Sumter was the ringleader and submitted the applications on behalf of and with the permission of the others,“ the US Attorney’s Office said. ”When the loans were funded, the three split the proceeds.”
Officials mentioned that Sumter’s sentence will run concurrently with a 92-month sentence he was already serving for a 2023 federal conviction for health care fraud.
To recover ill-gotten gains from the defendants, officials said Jonathan Wade Sumter was ordered to pay $1,802,741 in restitution. Jason Elijah Sumter was ordered to pay $739,786 in restitution and he was ordered to forfeit a parcel of real property in Orangeburg County. Gerothia McCullough was ordered to pay $478,366 in restitution and she was ordered to forfeit a 2018 GMC Canyon.
Feel more informed, prepared, and connected with FOX Carolina. For more free content like this, .
Public hearings set for proposed 1,700-acre solar farm in Sumter County
Shannon Taylorhttps://www.wltx.com/article/news/local/public-hearings-white-palmetto-solar-project-sumter-county-sc/101-becf8651-1ce8-4e8b-8aa1-3ec74b310a03
A state review is underway for the White Palmetto Solar Project near Sumter as residents raise concerns ahead of a Public Service Commission hearing.REMBERT, S.C. — Residents in Sumter County will soon have another chance to weigh in on a proposed solar farm that could cover more than 1,700 acres.The White Palmetto Solar Project is being proposed by TOCE SC Solar One LLC and would be built near Borden Road and Black River Road, about 12 miles northwest of the City of Sumter near the Lee County line.According to the...
A state review is underway for the White Palmetto Solar Project near Sumter as residents raise concerns ahead of a Public Service Commission hearing.
REMBERT, S.C. — Residents in Sumter County will soon have another chance to weigh in on a proposed solar farm that could cover more than 1,700 acres.
The White Palmetto Solar Project is being proposed by TOCE SC Solar One LLC and would be built near Borden Road and Black River Road, about 12 miles northwest of the City of Sumter near the Lee County line.
According to the developer, the project would produce clean energy while generating about $765,000 in tax revenue each year.
The proposal has faced strong opposition from some residents.
In May of last year, the Sumter City-County Board of Zoning Appeals unanimously denied the company’s request for a special exception after community members raised concerns about the project.
The developer has since appealed that decision to the state, which will now review the case.
A new public hearing will give residents the opportunity to share their concerns directly with the South Carolina Public Service Commission.
Some residents say they believe local governments should prioritize protecting communities when considering projects like this.
“So I believe that the, you know, what we expect, the citizens of the county, is for our local government whether it's city or county council to make decisions that first and foremost protect us, and I believe that that will be something that will be, you know, in jeopardy it would if this, if this goes through, it will allow anyone to come in with any industrial type facility,” said Sumter resident Traci Rogers.
Others say they are encouraging more residents to learn about the proposal and get involved in the process.
“We’re making sure that the community is aware, getting the community involved, not only in this area of Rembert, but the Bordon area, where this is expected, but to make the whole town aware because it could be coming to their back door next,” said resident Serena Cook.
State leaders say they are aware of the concerns raised by residents and are monitoring the situation as the state review process moves forward.
“What I am going to do, and this is my promise to everyone is to stay out of it and just watch and learn this process the best I can so that on the other side of it we can craft legislation to make sure that sufficient legislation protections are in place across the state and then look out for them and build up on them if they so choose,” said Sen. Jeff Zell.
A public hearing will be held Wednesday, March 18 at 6 p.m. at Patriot Hall in Sumter. Another in-person hearing is scheduled for March 25 in Columbia, along with virtual options for residents who want to provide comments.
After the hearings conclude, the Public Service Commission is expected to issue a final decision by June 1.
Sumter native to be next Sumter School Superintendent
WLTXhttps://www.wltx.com/article/news/local/street-squad/sumter/sumter-native-to-be-next-sumter-school-superintendent/101-bbfb6545-38e3-4694-b111-d9ea91d66d8c
Dr. Gerald Gary has been offered the job as the new Sumter School District superintendent.SUMTER, S.C. — Sumter School District announced in their meeting this evening they had picked a new superintendent.The Board of Trustees unanimously selected Dr. Gerald Gary as Sumter School District Superintendent pending successful negotiations.Gary is a Sumter native.The decision comes just days after the district wrapped up community meet and greets with the finalists last week.Dr. Gerald Gary born at Tuomey ...
Dr. Gerald Gary has been offered the job as the new Sumter School District superintendent.
SUMTER, S.C. — Sumter School District announced in their meeting this evening they had picked a new superintendent.
The Board of Trustees unanimously selected Dr. Gerald Gary as Sumter School District Superintendent pending successful negotiations.
Gary is a Sumter native.
The decision comes just days after the district wrapped up community meet and greets with the finalists last week.
Dr. Gerald Gary born at Tuomey Hospital, and a product of Sumter schools. Both of his parents were career educators. He attended Willow Drive Elementary School and Bates Middle School and graduated from Sumter High School in 1994. Members of Dr. Gary’s family reside in Sumter, and he continues to attend St. Luke A.M.E. Church.
Dr. Gary currently serves as Chief Operations Officer of Lexington-Richland School District Five, a cabinet-level position he has held for approximately one year. In this role, he oversees facilities, transportation, technology, and student nutrition services for the district’s 27 schools and 16,400 students. He has also been actively involved in long-range and strategic planning with district-level staff for several years.
Previously, Dr. Gary served for 13 years as an elementary, middle, and high school principal in Lexington-Richland School District Five and for six years as an elementary principal in Kershaw County School District. He also has classroom teaching experience in Richland School District Two and taught summer school in Sumter for one year.
In his current role, Dr. Gary is leading preparations for a significant change to school attendance zones and overseeing $240 million in construction projects. He has also taught school finance for 10 years as a faculty member of the South Carolina Executive Institute for Education and Leadership. Additionally, having worked in districts with significant military populations, Dr. Gary is keenly attuned to the needs of students from military families.
Sumter County, SC – Man Arrested After Alleged Burglary on Cains Mill Road
Country Herald Police Reportshttps://countryherald.com/news/sumter-county-sc-man-arrested-after-alleged-burglary-on-cains-mill-road/
SUMTER COUNTY, S.C. – A Sumter man was arrested early Monday after deputies allegedly found him hiding on a property that had just been burglarized.According to the Sumter County Sheriff’s Office, deputies responded around 3 a.m. Monday to a home on Cains Mill Road after a homeowner reported seeing a suspicious person on a video surveillance camera outside the residence.Dispatchers alerted deputies to the scene following the call, and responding off...
SUMTER COUNTY, S.C. – A Sumter man was arrested early Monday after deputies allegedly found him hiding on a property that had just been burglarized.
According to the Sumter County Sheriff’s Office, deputies responded around 3 a.m. Monday to a home on Cains Mill Road after a homeowner reported seeing a suspicious person on a video surveillance camera outside the residence.
Dispatchers alerted deputies to the scene following the call, and responding officers began searching the area around the home.
During that search, deputies located a suspect hiding nearby and identified him as Brian O’Steen, 45, of Beulah Cutino Road in Sumter, authorities said.
Investigators say O’Steen was allegedly found with burglary tools in his possession and was taken into custody at the scene.
According to the sheriff’s office, O’Steen has been charged with:
Deputies transported O’Steen to the Sumter County Sheriff’s Office Detention Center, where he is currently being held while awaiting a bond hearing, authorities said.
The sheriff’s office did not release additional details about the alleged burglary or whether any property was taken from the home.
Home surveillance footage has increasingly played a role in identifying suspects during overnight incidents, particularly when residents are alerted to activity on their property in real time.
Incidents reported in the early morning hours can affect nearby commuters and residents as deputies respond and search surrounding areas.
The investigation remains ongoing, according to the Sumter County Sheriff’s Office.
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