What constitutes a public use of eminent domain?

In South Carolina, a public use of eminent domain is defined as the acquisition of property for a purpose such as a public building, park, road, or similar public facility. The government or a government-related entity must show that the property must be acquired for a public use. This can include constructing public buildings or facilities, improving public safety, increasing employment opportunities, or creating recreational opportunities. When the government or a government-related entity needs land for a public use, they must go through the formal condemnation process to acquire the property. This process involves providing the owner of the property with a written notice of their intentions to invoke eminent domain, an offer to purchase the property, and a hearing in front of the circuit court judge. If the court finds that the public use is warranted, the owner of the property can either accept the offer to purchase or allow the government to take the property through eminent domain. Although the government or a government-related entity must prove that the taking of a property is for a public use, the term “public use” is not constrained by a specific definition. Some examples of public uses include the construction of highways, schools, power plants, public housing, and government buildings. In any case, the public use must be either for the general welfare of the public or in the public’s interest.

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