Quite often, the state engages in public acquisitions of private property. When a landowner resists selling property, the state turns to eminent domain and condemnation.

Eminent domain is the inherent power of the state, often delegated to another entity (such as a county or power company), to seize and use a citizen's property without the owner's consent. Condemnation is used to describe the legal process by which the state or other entity exercises the power of eminent domain to transfer title to the property from its private owner to the state. These terms are often used interchangeably.

We understand the broad issues as well as the subtleties involved in eminent domain and condemnation matters. We have extensive, in-depth experience and have become very familiar with the experts, techniques, tactics, and approaches used in these matters.
We have worked on public projects for gas lines, sewer lines, water lines, power lines, and recreational facilities. We’ve served as the condemnation counsel and litigation team for many projects involving road widening, road improvement, and new road projects. Clients include landowners and lessees as well as state agencies, counties, municipalities and utilities.

Capabilities
We prepare and prosecute condemnation actions as well as counsel public-acquisition-affected landowners. We have worked with and against the appraisers and engineers recognized as South Carolina’s most effective trial witnesses in eminent domain matters. We review numerous appraisals. We handle condemnation matters throughout South Carolina.

We offer assistance with such issues as:

• Pre-Condemnation Entry to Property
  
• Relocation Assistance
  
• Challenge Actions
  
• Appraisal Conformity with SC Law
  
• Condemnation Litigation and Appeals
  
• Mediation of Condemnation Cases
  
• Pre-Condemnation and Condemnation Settlements
  
• Settlements Involving Engineering Compromises
  
• Amendments or Abandonments of Condemnation Actions.
  

We also offer assistance with:

• Appraisal Analysis
  
• Acquisition Negotiation Techniques
  
• Acquisition Procedures
  
• Negotiation Of Engineering Modifications
  
• Condemnation Case Preparation
  
• Condemnation Case Litigation
  
• Trials and Appeals.
  

We handle issues concerning drainage, wetlands, access, noise, aesthetics, cures and costs-to-cure, highest and best use, and fair market value. We have been involved with residential, commercial, industrial, and rural properties. We have experience with and can handle many unusual or special-use properties:

Select Projects
We handled the first of the South Carolina Department of Transportation design-build transportation projects: The Southern Connector (I-185) (approx. 90 tracts) and Conway Bypass/Veterans Highway (SC-22) (approx. 94 tracts). Other projects include the Carolina Bays Parkway (SC-31) (approx. 25 tracts), SC-170 Widening Project (approx. 22 tracts), and the Berlin G. Meyers Parkway (approx. 40 tracts). We represented SCDOT in right-of-way acquisition matters on other large projects such as Charleston’s Ravenel Bridge Project, Columbia’s Two Notch Road Widening Project, and the SC-6 & SC-60 Project at Dreher Shoals Dam (Lake Murray Dam) in Lexington.

Leadership
Our experience and performance qualify us to counsel and lead seminars for condemning authorities, appraisers, consultants, and other attorneys. We have led Eminent Domain Practice seminars for the University of South Carolina School of Law, the South Carolina Bar Continuing Legal Education Division, and others.

Results*
In a case involving a partial taking for an electric power line, our attorneys helped a client secure a $40,000 settlement from a condemnor initially offering about $15,000.

In a case involving a total taking of a rental property, our attorneys helped a client secure a $29,000 verdict from a condemnor initially offering about $3,000.

In a case involving a total taking of a commercial property, our attorneys helped a client secure a $90,000 settlement from a condemnor offering about $13,000.

In a case involving an easement by a utility company through a landowner’s property, our attorneys helped a client secure a verdict equal to ten times the initial offer of the condemnor.

In a case involving a partial taking of a golf course property, our attorneys successfully defended a condemnor from a claim for $9M. The condemnor had an appraisal which opined just compensation was $1M and the verdict was $2.75M.

In a case involving a partial taking of an agricultural property, our attorneys successfully defended a condemnor from a claim for $217,600. The condemnor had an appraisal which opined that no just compensation was owed and the verdict was $35,000.

In a case involving a partial taking of an agricultural property, our attorneys successfully defended a condemnor from a claim for $136,500. The condemnor had an appraisal which opined that just compensation was $39,900 and the verdict was $56,600.

*Prior results are not intended to be an indication or guarantee of future results.

Download our brochure on eminent domain and condemnation in SC:
Public Acquisitions – Eminent Domain & Condemnation – An Overview

Eminent Domain Attorneys
Michael Brackett co-authored “Probate Litigation Chapter,” South Carolina Practice Manual-Civil Law, published by the South Carolina Bar. His practice areas include Appeals, Commercial Litigation, Probate Litigation (including representing estate and trust beneficiaries and fiduciaries), and Eminent Domain and Condemnation Law. Learn More About Michael Brackett

Paul de Holczer is a member of the South Carolina Bar Government Law Section and the Real Estate Practices Section, Eminent Domain Subcommittee, the American Bar Association, Litigation Section, Committee on Condemnation, Zoning & Land Use Litigation, and the Richland County Bar Association. He’s a frequent lecturer on eminent domain and condemnation matters. Learn More About Paul de Holczer