Can I receive compensation for emotional distress?

Yes, you can receive compensation for emotional distress in South Carolina under eminent domain law. Generally, in the exercise of eminent domain, the government exercises its right to take an individual’s private property for a public use. In exchange, the government must provide the owner just compensation. This includes any damages related to the owner’s emotional distress. Typically, the amount of compensation for emotional distress is determined on a case-by-case basis. Factors that may be considered in determining the amount of compensation include the severity of the emotional distress, the effect on the owner’s physical health, length of ownership, the value of the property, and potential impact of the taking on the owner’s lifestyle. In South Carolina, if a compelling case for emotional distress can be made, the owner may be entitled to compensation under South Carolina’s version of the Fifth Amendment. This is known as the “just compensation” clause. The amount awarded for emotional distress is typically a fraction of the total compensation amount. If an individual believes he/she has suffered emotional distress as a result of the government’s acquisition of their property, he/she may file a claim against the government to seek compensation. To do so, they must demonstrate the emotional distress was directly caused by the government’s taking, and it must be “real and genuine, not imaginary or imaginary.” It’s important to remember that a claim for emotional distress compensation must be brought within two years of the taking, or the claim becomes null and void.

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Can I receive compensation for emotional distress?

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