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 York, 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 in York, 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 in York, 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 in York, 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 in York, 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 in York, SC, has represented many of them in the legal process over the years.
For Any Help, Questions or Suggestions, Contact Us
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 York, 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.
YORK, S.C. —A chemical spill has been reported at a solar plant in South Carolina, according to officials.Update from York County Emergency Management:"Silfab has released a statement regarding the number of gallons released and the concentration of the chemical involved. The original number of gallons we referred to in our statement was provided by Silfab. After receiving additional information, it has now been determined the number of gallons is closer to 300 and there is a lower concentrati...
YORK, S.C. —
A chemical spill has been reported at a solar plant in South Carolina, according to officials.
Update from York County Emergency Management:
"Silfab has released a statement regarding the number of gallons released and the concentration of the chemical involved. The original number of gallons we referred to in our statement was provided by Silfab. After receiving additional information, it has now been determined the number of gallons is closer to 300 and there is a lower concentration of Potassium Hydroxide needing to be contained. Regardless of the concentration and amount, mitigation would be required and it poses no danger to the public."
The following was posted by York County Emergency Management on Tuesday:
"At approximately 9:45 a.m., there was an incident at 7149 Logistics Lane, which resulted in 1530 gallons of potassium hydroxide being released. A majority of the chemicals, 1500 gallons, were contained by Silfab’s retention pool. Emergency responders were on scene within three minutes and confirmed the incident posed no danger to the public. The remaining 30 gallons of potassium hydroxide are being mitigated by a York County hazmat team and private contractors. Please avoid the area. Emergency vehicles will remain onsite, but again there is no danger to the public."
The address listed is for Silfab Solar.
According to The Chlorine Institute, "Potassium hydroxide, commonly known as caustic potash, has the chemical formula (KOH). It is an inorganic compound produced by an electrolytic process using a potassium chloride salt and water (brine) feedstock. It is most commonly available at a range of 45 to 50% concentrated solution though other formulations and products exist. The solution is corrosive to body tissue and readily reacts with a variety of metallurgy. It is commonly shipped via pipeline, vessel, barge, rail tank car, cargo tank (truck), and other smaller containers. Potassium hydroxide has a wide variety of applications in many industries, including agricultural fertilizers, runway re-icing fluid, alkaline batteries, petroleum refining, cosmetics, soaps and detergents, and water treatment (pH adjustment)."
Do you have a team photo? Upload it here#PlayerGradePositionHeightWeight0Zamarion IsomSo.SG5'9"-2Blake Reinhardt-hullFr.PG5'6"-3Zan WallingSr.PF6'5"160 lbs4Tristan LyerlySo.PG5'8"-5...
Do you have a team photo? Upload it here
| # | Player | Grade | Position | Height | Weight |
|---|---|---|---|---|---|
| 0 | Zamarion Isom | So. | SG | 5'9" | - |
| 2 | Blake Reinhardt-hull | Fr. | PG | 5'6" | - |
| 3 | Zan Walling | Sr. | PF | 6'5" | 160 lbs |
| 4 | Tristan Lyerly | So. | PG | 5'8" | - |
| 5 | Peyton Lowery | Jr. | SG | 6'3" | - |
| 10 | Isaiah Cummings | Jr. | SG, PF | 5'9" | - |
| 15 | Ryan Brochu | So. | C, PF | 6'5" | - |
| 20 | Sawyer Hart | Fr. | SG, SG | 5'9" | - |
| 22 | Gio Incerpi | Jr. | G | 6'0" | - |
| 23 | Kyle Cripe | So. | SF, PF | 6'2" | - |
| 30 | Jack Clark | Jr. | F | 6'0" | - |
| 32 | Nathan Wanger | Jr. | C, PF | 6'5" | - |
| 33 | Isaiah Rose | Jr. | F, C | 5'11" | 175 lbs |
ROCK HILL — As Rock Hill residents prepared for the possibility of freezing pipes and power outages, an ice storm warning issued by the National Weather Service took effect Saturday afternoon.The ice storm warning began at 1 p.m. Saturday and runs through 1 p.m. Monday. Damaging cold and ice is expected across the Upstate with “total snow and sleet accumulations up to two inches and ice accumulations between three-quarters inch and one inch,” along with wind gusts up to 40 miles per hour.Chris Horne, meteorolo...
ROCK HILL — As Rock Hill residents prepared for the possibility of freezing pipes and power outages, an ice storm warning issued by the National Weather Service took effect Saturday afternoon.
The ice storm warning began at 1 p.m. Saturday and runs through 1 p.m. Monday. Damaging cold and ice is expected across the Upstate with “total snow and sleet accumulations up to two inches and ice accumulations between three-quarters inch and one inch,” along with wind gusts up to 40 miles per hour.
Chris Horne, meteorologist for the National Weather Service Greenville-Spartanburg, said 24 hours of wintry precipitation is expected for Rock Hill and York County.
Residents may see a bit of sleet and freezing rain Saturday afternoon and evening, but the main weather event will begin overnight.
“As the nighttime wears on, precipitation will become more widespread,” Horne said. “There will likely be sleet accumulations, along with the beginning of ice accretion as well. It’s going to continue to precipitate throughout Sunday, and the main precipitation type will change to freezing rain. That’s where we expect the threat for the heavier type of ice accumulations to develop. And then precipitation tapers off Sunday night.”
Horne said he would be shocked if there were any snowfall in the area.
“We have some warmer air arriving aloft, which melts snowflakes before they have the chance to reach the ground,” Horne said. “Tonight it’ll be cold enough to support sleet, and then by the time we get into Sunday just liquid, but unfortunately it’s going to be cold enough where it’s going to be what we call freezing rain.”
Gov. Henry McMaster announced Jan. 24 that his request to President Donald Trump for a federal emergency disaster declaration the previous day had been approved. It will provide federal aid in addition to state and local response efforts to the winter storm.
While the S.C. Department of Transportation works to keep roadways and bridges open, drivers should avoid travel if possible as ice accumulations rapidly increase late Saturday night into Sunday morning, the NWS said. Treacherous road conditions and power outages will remain Sunday night and are likely to stick around through at least Monday.
“Heading into Sunday, when you have a better chance of seeing damage caused from the freezing rain accumulations, you’re just going to have to be wary of the potential of sagging trees, large branches being snapped and falling into the road, utility lines being weighed down — and those could actually snap eventually or trees could fall into the lines as well,” Horne said.
The data center is being built near Lake Wylie along Campbell Road and Hand Mill Highway.YORK COUNTY, S.C. — Residents in York County are once again voicing concerns about the QTS Data Center project near Lake Wylie, as construction continues and county leaders reaffirm their support for the development.During a public meeting this week, community members had the opportunity to speak directly with QTS officials and learn more about the project’s potential impact. Many of the concerns raised focused on environmental ...
The data center is being built near Lake Wylie along Campbell Road and Hand Mill Highway.
YORK COUNTY, S.C. — Residents in York County are once again voicing concerns about the QTS Data Center project near Lake Wylie, as construction continues and county leaders reaffirm their support for the development.
During a public meeting this week, community members had the opportunity to speak directly with QTS officials and learn more about the project’s potential impact. Many of the concerns raised focused on environmental effects and the facility’s energy demands.
The data center is being built near Lake Wylie along Campbell Road and Hand Mill Highway.
York County Councilman William “Bump” Roddey acknowledged residents’ concerns, but said county leaders do not believe they rise to the level of halting the project.
“All concerns are valid concerns, but are they concerns enough for us to halt this project? I don't think they've risen to that level at this point,” Roddey said.
County leaders say the project represents a significant investment in York County. Roddey said council members believe the development will help grow the county’s tax base, support the school system, and bring long-term economic benefits to the area.
However, not all neighbors are convinced.
Some residents living adjacent to the construction site have posted signs outside their homes in opposition to the project. One nearby resident, who did not want to go on camera, told WCNC Charlotte that construction noise has been waking his family as early as 5:30 a.m.
A petition to stop the data center, started by resident Stacy Armstrong, is calling on county leaders to reassess the zoning and approval process. Armstrong argues the county should look beyond economic gains and consider the long-term impact on residents and the environment. The petition has gathered about 800 signatures so far.
Energy usage has also been a key concern. Roddey said the company was required to secure approvals from energy providers, including Duke Energy, to ensure power needs could be met for year-round operations.
“They had to get authorizations [from] energy providers such as Duke to assure they would be able to provide the energy consumption they would be able to pull on a 365 operation year-round. Apparently, those were met,” Roddey said.
Environmental concerns, including tree removal and the changing character of the area, were also discussed.
“Trees give us an abundance of oxygen, and it plays into the beautification of what York County has been known for for many, many years. This is not the York County I grew up in 50 years ago. Things change. Housing development comes,” Roddey said.
Roddey added that with construction already underway, backing out of the agreement could create major financial liability for the county and potentially shift costs onto taxpayers.
For now, county leaders say the project is moving forward, but for many residents, questions remain about what the long-term impact will be.
Despite hearing answers directly from data center company QTS on its $1 billion project in Lake Wylie, many neighbors say their concerns have only grown as the data center project seems bigger than ever.“We saw one beautiful building, glass walls and an American flag,” said former York County Council member Allison Love, who sat on Council when the project was approved for construction three years ago.Renderings on Tuesday showed nine buildings. The scale is larger than what Love thought it would be when voting for ...
Despite hearing answers directly from data center company QTS on its $1 billion project in Lake Wylie, many neighbors say their concerns have only grown as the data center project seems bigger than ever.
“We saw one beautiful building, glass walls and an American flag,” said former York County Council member Allison Love, who sat on Council when the project was approved for construction three years ago.
Renderings on Tuesday showed nine buildings. The scale is larger than what Love thought it would be when voting for it.
“I’m all for economic development,” she said. “I’m not for economic development that impacts people (negatively).”
The data center is expected to add 200 QTS on-site jobs, at a median income of about $80,000 per year. That’s in addition to an estimated dozen jobs from companies that use the site for data storage.
“The transparency is a big problem for me,” said neighbor Julie Ferraro.
She’s also concerned with strain on the power grid. Along with QTS, ongoing construction in the area includes a new high school, new elementary school and more homes.
“I don’t get it, when we already have a strain right now with what we have,” Ferraro said.
Steve and Judy Penland, longtime owners of the well-known Penland Christmas Tree Farm that borders the QTS property, brought renderings showing how an 80-foot-tall data center overlooking their farm would look. York County approved a code change last year to allow taller data centers, at the request of QTS.
Issues from lighting to the building height would be dramatic for customers at the farm, Steve Penland said.
“They want the farm experience, going out to the country to cut a Christmas tree,” he said.
From school funding to job creation to the work done at the site, there are significant benefits to the QTS project, said company Vice President of Community Engagement Karen DiMaggio.
“Everything in our lives is connected to the internet,” she said. “Every day, you’re using your phones, your tablets, your computers. We run the systems that post the information.”
Three years ago, QTS spent more than $10 million to buy hundreds of acres off Hands Mill Highway and Campbell Road. The company also negotiated a tax incentive deal with York County.
Data centers are a growing industry nationwide, fueled largely by the growth of artificial intelligence platforms. Details about specific projects, from costs to environmental impacts, are often difficult to find.
QTS touted a $1 billion investment with its data center project in Lake Wylie. The company would be allowed to pay the county a fee instead of property taxes for 40 years.
Last spring, York County changed its development rules to allow taller data centers — up to 80 feet — in line with QTS’ plans for a 5.3 million-square-foot facility. In late December, QTS bought more than 400 acres of Paraham Road property for $26.1 million.
The company now owns nearly 800 acres in the area.
QTS doesn’t have plans for the property purchased in December, but it could be used as a buffer or for future growth, DiMaggio said.
Based in Virginia, QTS has more than 20 years experience building data centers. The company has more than 2,000 employees and more than 90 buildings in the U.S. and Europe.
A primary public concern with a new data center, DiMaggio said, is water.
“There is a lot of misinformation out in the community about water usage and data centers,” she said. “Old practices had an evaporative cooling system. Water was pumped in on a daily basis, using thousands and thousands of gallons every day.”
Now, she said, water is pumped into the facility only once and operates on a closed-loop system. The initial fill is about the amount of water in four Olympic-size swimming pools. The daily water usage is about 18,000 gallons, DiMaggio said, or less than what two typical households would use.
“It’s office water use,” she said. “It’s kitchens, because we have offices in there. So people use the restroom, wash their hands, they drink out of the water fountains. That is our use of water. That’s it.”
Another concern is power. York Electric Cooperative will serve the site, but it’s actually power provided by Duke Energy that will be used. Duke will sell power to York Electric partner Central Electric Power Cooperative, and York Electric will sell it back to QTS with a markup.
Increased need for power will be treated the same way it would for large industrial additions, population growth and other needs tied to the electric system, experts said Tuesday. York Electric customers shouldn’t notice a difference, said President and CEO Craig Spencer.
“If anything, it should help minimize future rate increases because we will have this revenue that will be coming in that we don’t have to make infrastructure investments for, paybacks for,” he said. “We will be able to use those margins to help offset our fixed costs.”
The 1,000 construction jobs could last five to seven years, DiMaggio said. Four building are under construction, with the first expected to be ready by 2028. In 2027, the company expects to start the next round of construction on five more buildings.
For some, there’s excitement with that activity. Sheila Quinn, superintendent of the Clover School District, compares QTS to Catawba Nuclear Station, which has for decades provided a significant tax base to support schools. The Clover area doesn’t get large manufacturers the way other parts of York County do, Quinn said.
Numbers change over time in the tax incentive deal, but Clover schools expect to get several million dollars per year based on current QTS plans.
“It’s like another power plant,” Quinn said. “It will help tremendously.”
Some neighbors of the property, though, are in the York School District, which doesn’t get that same benefit. For many, the issue is whether QTS fits in the community. They can’t do much about ongoing construction, but there’s concerned if more is proposed.
“It’s a small town,” Ferraro said. “I understand we have to grow. The fact that it’s grown exponentially is beyond what this town can accommodate.”