Are there any restrictions on the type of property subject to eminent domain?

Yes, there are restrictions on the type of property subject to eminent domain in South Carolina. Under South Carolina law, a governmental entity may only take private property for public use if it is a necessary and reasonable exercise of its power of eminent domain. This means that the taking must be necessary to achieve the governmental purpose and be reasonably related to the public benefit. Additionally, certain types of property are off-limits for eminent domain. For instance, South Carolina has passed legislation that prohibits the use of eminent domain to take real property for economic development purposes, except for those projects related to tourism. South Carolina also prohibits the taking of private property for the purpose of private development, and any taking that would result in an increase in tax revenue. Finally, local governments in South Carolina are also subject to the restrictions of the state’s constitution, which prohibits the state and local governments from taking private property without just compensation, or without due process of law. This means that a local government must prove that the proposed taking is reasonable, necessary, and in the public’s interest, and the property owner should be given the right to challenge the taking in court.

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Are there any restrictions on the type of property subject to eminent domain?

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