What is the purpose of eminent domain?

Eminent domain is a legal term that is used to describe the power of the government to take private property for public use. This power is exercised by the state or local government in South Carolina with the approval of the legislature. The purpose of eminent domain is to allow governments to acquire land that is necessary for the public’s benefit. Examples of public benefits that can triggers the exercise of the power include infrastructure projects, parks, schools, and public utilities. In South Carolina, when the government exercises the power of eminent domain, it must pay compensation for the fair market value of the land that it acquires. This is intended to provide the landowner with practical compensation for the loss of the property. Eminent domain law also helps to ensure that the government does not abuse its power. The government must grant a hearing before exercising the power for the purpose of determining if the taking of the property is necessary and is in the best interest of the public. This hearing is designed to provide the landowner with a way to challenge the government’s decision if they are not in agreement with it. The purpose of eminent domain law in South Carolina is to provide a fair, equitable, and transparent method for the government to acquire land for public use while also protecting landowners from abuse.

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