What is the timeline of the eminent domain process?

The timeline of the eminent domain process in South Carolina depends heavily on how the government intends to use the land. Depending on the situation, the process can take anywhere from a few months to a few years. Generally, the process begins with the government deciding it needs to take the land for a particular purpose, such as for the construction of a highway or a public building. This decision is typically based on some kind of official process, such as a public hearing or a vote. Once the decision is made, the government must contact the landowner regarding their intentions. This is followed by a legal process known as condemnation, in which the government files paperwork with the court seeking to take the land. If the landowner does not voluntarily agree to the taking, the process can become very lengthy. The court must hear all sides of the case to ensure fairness. The government must then provide the landowner with a formal offer of fair market value for the land. The landowner can then choose to accept or reject this offer. If it is accepted, the government will then take possession of the land. If the offer is rejected, then the landowner may take the case to court and a judge will determine the fair market value of the land and any other disputed issues. Once a ruling is made, the government pays out the amount determined by the court. The entire process is then complete and the government is able to take possession of the land.

Related FAQs

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