Get the Just Compensation You

Deserve with Help from Lauren Taylor Law

Do You Have a Case?

Free Consultation. No Obligation. Completely Confidential

shield

We guarantee 100% privacy. Your information will NOT be shared.

Eminent Domain Attorney Walterboro, SC

Eminent Domain Attorneys in Walterboro, 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 Walterboro, SC, these families can receive the just compensation they deserve.

 Abbeville Lawyer Walterboro, SC

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 Walterboro, 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 Walterboro, 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 Walterboro, 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 Walterboro, 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
 Legal Compensation Walterboro, SC
court

These are the more "traditional" uses of eminent domain, where the public use would be less in question. However, the law also permits certain utilities to wield the power of eminent domain. For instance, in a recent case in South Carolina, Dominion Energy was granted the authority to acquire homes in order to construct an energy pipeline.

law

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.

domain

If the government is trying to take your land, you should never give up on your property. By working with eminent domain attorneys in Walterboro, 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

domain

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.

domain

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

 Property Dispute Walterboro, SC

Under Eminent Domain, You Must Be Paid Fair Market Value

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

 Eminent Domain Claim Walterboro, SC

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

The amount of income your property could have produced

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

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

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

However, even if you couldn't prevent the seizure of the property, many have successfully challenged the government's valuation of their property. Property owners have compelled the government to pay more, and our team of eminent domain attorneys in Walterboro, 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.

For Any Help, Questions or Suggestions, Contact Us

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 Walterboro, SC, right away.

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

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

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

 Abbeville Law Firm Walterboro, SC

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

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

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

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

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

Compensation

1. Help You Get Just Compensation

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

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

Rights

2. Help You Understand Your Rights

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

Complicated

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

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

What Clients Say About Us

Eminent Domain Attorneys in Walterboro, 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 Walterboro, SC

Lawsuits: Walterboro stores sued for selling alcohol to teen before deadly crash

COLLETON COUNTY, S.C. (WCSC) — Two Walterboro convenience stores and their owners are now facing legal action from two families who claim the alcohol the stores sold to a teen led to the death of their loved one.Hunter Williams, 19, is charged with felony DUI involving death and felony DUI causing great bodily harm. This accident in September 2024 took the life of Emma Lake, 9, and severely injured Lacy Wiggins, 10.He is also facing two additional charges of purchasing alcohol as a minor.Williams was denied bond du...

COLLETON COUNTY, S.C. (WCSC) — Two Walterboro convenience stores and their owners are now facing legal action from two families who claim the alcohol the stores sold to a teen led to the death of their loved one.

Hunter Williams, 19, is charged with felony DUI involving death and felony DUI causing great bodily harm. This accident in September 2024 took the life of Emma Lake, 9, and severely injured Lacy Wiggins, 10.

He is also facing two additional charges of purchasing alcohol as a minor.

Williams was denied bond during his original hearing in October 2024 and was denied bond again the following March. This came after a judge ruled that “nothing had changed,” even after he had a psychological evaluation.

The families have also filed a wrongful death suit.

Now, the two stores accused of selling Williams that alcohol are involved, after attorney Mark Tinsley filed civil suits against them on behalf of both families.

“People recognize when there’s a place in town that is known for the place where underage kids can buy alcohol,” Tinsley said. “...I would like to think that that is becoming a thing of the past. ... But unfortunately, they still exist.”

Tinsley says Sidney’s Road Convenience Store on Sidney’s Road and SV Mart #2 on North Jefferies Boulevard in Walterboro are two of those places.

“I hope they all get put out of business,” Tinsley said. “I don’t think there’s a fine steep enough. I don’t think that there’s monetary sanction high enough that anybody would trade places with the Lake family.”

The filing states the employees failed to verify his age and check his ID before selling the alcohol. It also claims the defendants “acted in accordance and as part of a corporate plan to knowingly sell alcohol to underage people.”

Tinsley says the South Carolina Law Enforcement Division was able to obtain video showing Williams in those stores purchasing the alcohol that night.

Emma Lake’s mother, Tamara Lake, says driving drunk is a choice.

“As a result of Emma’s death, I really hope that all business owners can take from this how important it is to follow all of the rules and obey laws in regards to selling minors alcohol,” Lake said. “It’s very, very important to do it the right way to avoid more tragedy.”

The intersection where Pleasant Grove Road meets Jefferies Highway, where the deadly crash happened, has also been dedicated in Emma Lake’s name.

“It helps me to know that Emma can still make a difference,” Lake said. “That all of this was not for nothing. And that Emma can have a purpose. And make her death meaningful instead of just a terrible, terrible tragedy to have to live through.”

Defense attorney Scott Bischoff, who represents Williams, did not want to comment at this time.

Defense attorney Michael Trask, who represents some of the other defendants, also did not want to comment. Another attorney, Cordes Kennedy, did not respond.

“This is mainly about making the world a better place,” Tinsley said. “A safer place.”

Williams remains in custody at the Colleton County Detention Center.

This Is The Most Welcoming Small Town In South Carolina

Walterboro, a hidden gem known to locals, lies 50 miles from Charleston and makes a great location for a long weekend getaway. Aside from offering loads of history and charm, Walterboro is also exceptionally hospitable. The town’s residents love sitting down with visitors over a cup of sweet tea to tell them all about their beautiful home. This place was once a summer retreat for agriculturists and farmers, including the Walter brothers, who eventually settled in Hickory Pine. Walterboro was named for them, and today you can enjoy the ...

Walterboro, a hidden gem known to locals, lies 50 miles from Charleston and makes a great location for a long weekend getaway. Aside from offering loads of history and charm, Walterboro is also exceptionally hospitable. The town’s residents love sitting down with visitors over a cup of sweet tea to tell them all about their beautiful home. This place was once a summer retreat for agriculturists and farmers, including the Walter brothers, who eventually settled in Hickory Pine. Walterboro was named for them, and today you can enjoy the historic downtown and museum and experience the renowned hospitality for yourself in this popular town.

The Town That Gathers Together

To get the first-hand hospitality experience, time your visit to coincide with the annual Colleton County Rice Festival. In 2026, the event will be held between April 24 and 25 in downtown Walterboro. Expect arts and crafts, a queen of the Rice Festival pageant, a fun parade, and a 5K run. The festival includes fireworks and great food. While you are downtown, you can also visit the Colleton Museum and Farmers Market, where you can buy fresh produce and excellent locally produced honey and mingle with residents.

Shopping in Downtown Walterboro

Walterboro is a small town with around 5,500 residents, but it is very big on Southern shopping. There are several downtown shops where you will find everyday items, gifts, and delicious food. Twig sells home décor and gifts that make perfect mementos from your trip. If you want more options, head over to Downtown Envy, which consists of four buildings with more than 50 vendors. If you love antiques and vintage items, you will easily spend several hours here.

At the Golden Daffodil, there are more antiques for sale, and at the South Carolina Artisans Center, you can peruse the art of more than 300 of the state's best artists. At first glance, you might think you are in an art gallery, but the center is a retailer that offers visitors and locals the opportunity to buy artwork and unique décor. In all of these downtown shops, you will find friendly staff ready to help you find what you are looking for.

Where to Eat in Walterboro

If you get hungry while exploring Walterboro, your first stop should be Olde House Café for warm Southern hospitality and authentic Southern cuisine. The Café is well-known for its homemade buffet, which includes fried chicken, brisket, banana pudding, and cobbler. The portions are generous and the servers attentive and welcoming. If you need comfort food or a nostalgic treat, try the homemade macaroni and cheese. If you are in the mood for seafood or a scrumptious steak, stop by Fat Jack’s for a great meal and top it off with an even better cocktail.

Going Beyond Downtown

There is much more to see and experience in Walterboro beyond the downtown shops and restaurants. At the Walterboro Wildlife Center, you can explore an interpretive exhibit hall featuring displays on local plant and animal life. Or you can go on a nature tour at the Ernest F. Hollings ACE Basin National Wildlife Refuge, forty minutes away from downtown Walterboro. This refuge was established to protect the undeveloped estuary along the Atlantic Coast.

The Bear Island Wildlife Sanctuary is also about 40 minutes from downtown and offers one of the best bird-watching areas in the state. There are several miles of dikes here, as well as two observation decks from where you can watch the wildlife. At the Donnelley Wildlife Area, you can see more wildlife and enjoy a picnic as you look out of the marsh and wetlands. There are also two hiking trails and several miles of dirt road for bicyclists. You can even go kayaking or canoeing on the Edisto River, around 20 minutes away from town.

More Outdoor Fun and Adventure

If you want to go camping, head to Colleton State Park, only eighteen minutes north of Walterboro. The park spans 35 acres and is the smallest state park in the state. You have access to the river within the park, as well as ample space for RVs and tents. You can also hike inside the park on the Cypress Swamp Nature Trail. This trail leads through a wetland where you can see various species of fish, birds, and reptiles. After your hike, you can relax on the river shore and fish for catfish and bream. Keep in mind you need a valid SC fishing license.

If you want to stay close to downtown Walterboro, you can spend a couple of hours in Gladys Whiddon Park, which features a playground and plenty of green spaces. You can even feed the ducks and geese. When you have had your fill of outdoor fun, you can catch a new release at Ivanhoe Family Cinemas on Ivanhoe Road.

Nearby Towns to Explore

More hospitality awaits in the small Lowcountry town of Yemassee, around twenty miles away from Walterboro. Yemassee is tiny but has a fascinating history and boasts rural Southern character. A must-see is the nearby old Sheldon Church Ruins. This striking 18th-century Greek Revival site sits among old oak trees, providing an ideal backdrop for photographers. You can also learn more about the town’s history at the Frampton Plantation and Auldbrass Plantation, ten minutes away from town.

Around an hour drive away lies Moncks Corner, a welcoming town known as the gateway to outdoor adventure in the Santee Cooper region. Its top attractions include Cypress Gardens and Old Santee Canal Park, which is the country’s oldest canal system. The gardens comprise a 195-acre botanical and wildlife preserve with swamp trails and boardwalks, as well as a Butterfly House. The gardens were also a filming location for the film The Notebook.

A Hearty Southern Welcome Awaits in Walterboro

Walterboro is much more than an overnight stop between larger cities. It is an excellent small-town destination where you will find the best of Southern hospitality. Whether you want to explore historic buildings or have a fun couple of days outdoors in nature, there are friendly locals around every corner to guide you to the best places to see and experience. Walterboro is a fantastic getaway from the rush of everyday life, and once there, you will find yourself surrounded by a community built on kindness and warmth. Walterboro is always ready to welcome travelers and visitors with open arms.

Disclaimer:

This website publishes news articles that contain copyrighted material whose use has not been specifically authorized by the copyright owner. The non-commercial use of these news articles for the purposes of local news reporting constitutes "Fair Use" of the copyrighted materials as provided for in Section 107 of the US Copyright Law.
 Legal Representation Walterboro, SC

Service Areas