What is the Condemnation Procedure?

The Condemnation Procedure is a legal process used by the government in South Carolina to acquire private property for public use, also known as eminent domain. It begins with the government filing a complaint in court explaining why it needs the property and stating its intention to use it for public use. Next, the court will appoint a group of commissioners to assess the value of the property. This involves a field inspection by the commissioners to evaluate the property and present a report to the court. Once the court has reviewed the report, it will issue a ruling on the amount of compensation that the property owner should receive. If the property owner disagrees with the court’s ruling, they may file an appeal within the allotted amount of time, usually 30-60 days. During this stage, the court will review the initial order and hear additional evidence from both sides to determine the value of the property. Finally, the court will issue a final ruling on the value of the property and the amount of compensation that must be paid to the property owner. After the payment is made, the government will be allowed to take possession of the property for its intended use. In South Carolina, the condemnation procedure can be a lengthy and complex process; however, it is a necessary step for the government to acquire private property for public use.

Related FAQs

What is the standard of review for an eminent domain case?
Can the government take my property for private use?
What is the cost to the government exercising its power of eminent domain?
Are there any restrictions on the amount of time allotted for a taking?
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What is the difference between a public use and a public welfare exception?
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What is the Condemnation Procedure?

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