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

How can I challenge an eminent domain action?
Are there any defenses against an eminent domain action?
How can I challenge the amount of compensation I am offered?
Can an owner of property refuse to sell to the government?
What is a public purpose?
Does eminent domain apply to all types of property?
What is the timeline for payment of compensation for a taking?
What is an eminent domain action?
What is the difference between a public purpose and a public use?
Can I prevent my property from being taken?

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