Eminent Domain
Direct condemnation by state, federal, or quasi-public entities for roads, utilities, pipelines, and infrastructure.
What this case is really about
When a government or quasi-public entity condemns your property, you are entitled to just compensation under the Fifth Amendment and Article I, Section 13 of the South Carolina Constitution. The initial offer from the condemning authority is rarely the just compensation the law requires — and accepting it waives your right to have a jury decide otherwise.
Owners in these situations
- Commercial and industrial landowners facing SCDOT or federal takings
- Farm, timber, and rural property owners impacted by pipelines and transmission lines
- Developers whose entitled projects are cut down by a new right-of-way
- Homeowners and small businesses displaced by road widenings
What we handle
Road widenings, interstate expansions, drainage projects, airport runway extensions, utility corridors, pipeline easements, and quasi-public infrastructure takings — partial and total.
Damages to the remainder
A partial taking often damages what remains: access loss, grade changes, visibility, drainage impacts, or reconfigured parking. We quantify remainder damage with engineers, traffic experts, and appraisers and present it at trial.
Trial-ready from day one
Condemnors settle when they believe you will try the case. We prepare every matter for a jury from the initial appraisal forward — assembling exhibits, retaining experts, and framing the valuation narrative before the first mediation.
Fees usually contingent on additional recovery
In most South Carolina condemnation actions, our fee is contingent on the additional compensation we recover above the condemnor's initial offer. If we do not increase your compensation, you do not owe a fee.
A trial-ready process, start to finish
Case Assessment
We review the notice, plans, offer, and appraisal — usually within a week — and give you a candid read on likely value gaps.
Expert Team
We retain the appraiser, engineer, and specialists your matter needs and align them around a single valuation theory.
Negotiation & Mediation
Most matters resolve short of trial once the condemnor sees our exhibits, experts, and readiness to pick a jury.
Trial
When the number isn't right, we try the case. South Carolina landowners have a constitutional right to a jury on just compensation.
Signals it's time for counsel
Any one of these means the clock is running. Early counsel almost always improves the outcome — and sometimes preserves rights that would otherwise be lost entirely.
Request a Consultation- 01You've received a Notice of Condemnation or a written offer from SCDOT, a utility, or a municipality
- 02The offer is based on a single appraisal you did not commission
- 03The taking will affect access, parking, drainage, or visibility
- 04A pipeline, transmission line, or new right-of-way is being surveyed on your land
Frequently asked
Do I have to accept SCDOT's initial offer?
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No. You have a constitutional right to have just compensation determined by a jury. Acceptance waives that right and closes the matter.
Who pays my attorney's fees?
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In most South Carolina condemnation actions, attorney's fees are a contingency of the additional compensation recovered above the condemnor's offer.
How long does an eminent domain case take?
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Most matters resolve within 9 to 18 months. Complex takings involving remainder damages or business losses can run longer.
Ready to discuss your eminent domain matter?
Initial consultations are confidential and without obligation. Bring the notice, offer, or letter that brought you here — we'll tell you what we see.
Other practice areas
Inverse Condemnation
When government action takes or substantially damages property without formal condemnation.
Land Use & Regulation
Zoning, permitting denials, and regulations that strip economic value from real property.
Property Valuation
Highest-and-best-use analysis, before-and-after valuation, and cross-examination of opposing appraisers.
Real Estate Disputes
Title, boundary, easement, and restrictive covenant litigation affecting the value or use of real property.