Eminent Domain/Condemnation Land Use Litigation
Commitment to South Carolina landowners
At Lewis, Babcock & Griffin, LLP., we regularly help landowners receive just compensation when their property is taken from them through condemnation under the eminent domain rights of governments or government-authorized entities.
Litigation of landmark cases
Lewis, Babcock & Griffin, LLP.'s innovative approach to condemnation and land use litigation has helped place our firm at the forefront of these exciting areas of law. Our lawyers successfully represented landowners before the United States Supreme Court in the landmark regulatory taking case Lucas v. South Carolina Coastal Commission. This case, which upheld a landowner's right to monetary damages when he was forbidden to build residences on his beachfront property, is a great example of our efforts and desire to ensure that our clients receive compensation when a government entity's actions reduces the value of their land without initiating a formal eminent domain action.
In addition to regulatory condemnation cases, Lewis, Babcock & Griffin, LLP. excels at traditional eminent domain and zoning cases. Lewis, Babcock & Griffin, LLP. attorney Keith M. Babcock is South Carolina's sole representative on the Owner's Counsel of America, a national consortium of eminent domain/condemnation lawyers representing landowners. Mr. Babcock has also been a guest lecturer before various seminars for South Carolina lawyers and national eminent domain conferences.
What is eminent domain/condemnation?
Eminent domain/condemnation refers to the state's power over all property within the state and specifically its power to appropriate private property for a public use. However, the law and the U.S. Constitution also states that the owner of any appropriated land is entitled to reasonable compensation for such a taking, usually defined as the fair market value of the property. Proceedings to take land under eminent domain are typically referred to as condemnation or taking proceedings and include various degrees:
- Complete taking — All of the property at issue is appropriated.
- Partial taking — If the taking is of part of a piece of property, such as the condemnation of a strip of land to expand a road, the owner should be compensated both for the value of the strip of land and for any effect the condemnation of that strip has on the value of the owner's remaining property.
- Temporary taking — Part or all of the property is appropriated for a limited period of time. The property owner retains title and is compensated for any losses associated with the taking.
- Easements and rights of way — Sometimes an eminent domain action is used to allow a utility company to install and maintain power lines or to allow a local government to install sidewalks over private land. The property owner remains free to use the property for any purpose which does interfere with the right of way or easement.
Lewis, Babcock & Griffin, LLP. can help you obtain compensation for the fair market value of the taking, including both the value of the property and the impact on the loss or disruption of a business operating from the condemned real estate.
Contact our office for advice and support
Lewis, Babcock & Griffin, LLP. exists to help right the wrong when professional malpractice leaves you with losses, a business or land dispute threatens your financial interests, or the negligence or wrongdoing of a corporation, government entity or individual causes you harm. For more information about how the laws apply to your situation and to find out how the firm can help you, contact Lewis, Babcock & Griffin, LLP. online or call our offices at 803-771-8000 to arrange an appointment.
