What is the difference between eminent domain and inverse condemnation?

Eminent domain and inverse condemnation are two closely related concepts in South Carolina law, but they are different in the way they stem from governmental power. Eminent domain is the power of a governmental entity such as the state to take private property for public use, as long as they offer fair compensation to the owner. In South Carolina, eminent domain is regulated by statute and any taking of private property must be for a public use and the owner must be given just compensation for the taking. Inverse condemnation is similar in that a governmental entity is taking private property, but it is slightly different in that the owner has not consented for the taking and the taking has not been authorized by statute. In these cases, the state is forcing the taking of the private property without the owner’s consent and without following the procedures laid out in the statute. In order to be compensated for the taking, the owner must file a lawsuit in which they must prove that the taking was without consent and did not follow the procedures laid out in the statute. In summary, the difference between eminent domain and inverse condemnation is that eminent domain is an authorized taking, where the owner consents and fair compensation is offered while inverse condemnation is an unauthorized taking, where the owner does not consent and must resort to the court system to gain compensation.

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What is the difference between eminent domain and inverse condemnation?

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