What is the difference between direct condemnation and inverse condemnation?

The difference between direct condemnation and inverse condemnation, as they relate to eminent domain law in South Carolina, is how the government acquires the property of a private citizen. Direct condemnation, also known as “condemnation by purchase,” is when the government offers a fair market value for the property, takes ownership, and then compensates the former owner. This is the most used method of eminent domain. Inverse condemnation is when the government takes the property without the owner’s consent and without offering compensation. However, the owner does have the right to challenge the taking in court and seek damages by submitting a horror of value. Another distinction between the two methods is the notification process. When using direct condemnation, the government is required to notify the owner before taking the property and must give them a chance to object. Inverse condemnation does not require the government to give prior notice. In conclusion, direct condemnation is when the government takes property with the owner’s consent and offers fair market value as compensation, and inverse condemnation is when the government takes property without the owner’s consent and without providing compensation. However, the owner does have the right to challenge the taking in court and seek damages.

Related FAQs

What is eminent domain?
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Are there any restrictions on the amount of time allotted for a taking?
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