What is the difference between a legislative taking and an administrative taking?

The difference between a legislative taking and an administrative taking in South Carolina is the type of action that is taken by the government. In a legislative taking, the government exercises “eminent domain.” This is when the government is given the power to take private property from an individual for public use. This can include taking land for building roads or other public projects. In other words, the government uses its own laws and authorization to expropriate land from a private party. In contrast, an administrative taking is when a government agency uses its own authority and regulations to limit the use of the private property. This may include restricting building plans that a landowner had intended to do, or requiring the payment of fees in order to use the land. In these cases, the government does not take the actual land, but instead restricts its use. In South Carolina, all government takings of private property must be based on a legitimate public purpose and the government must make a good faith effort to issue just compensation to the landowner. The differences between a legislative and an administrative taking can help determine the amount of just compensation that the landowner may receive.

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What is the difference between a legislative taking and an administrative taking?

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