What is the procedure for resolving a dispute over compensation?

In South Carolina, the procedure for resolving a dispute over compensation in eminent domain law is relatively straightforward. The process begins with the government entity or private landowner filing a petition in either the court of common pleas or the South Carolina Court of Appeals. The government entity or private landowner must then provide evidence to support their claim for compensation, including documents such as appraisals, surveys, deeds, photographs, and other evidence. If the court decides that the amount offered by the government entity is inadequate, the court has the discretion to increase the amount or set a new figure. The court may also require the parties to enter into negotiations to reach a compromise agreement on the amount of compensation. If the parties cannot reach an agreement, the court will ultimately decide the amount of compensation. Once the amount of compensation is set, the court will enter a final judgment decreeing the amount to be paid to the private landowner. The government entity must then pay the compensation amount to the private landowner within 180 days of the final judgment. If the government entity fails to pay the compensation within the 180-day period, the court may impose damages and other remedies, including the award of attorney’s fees.

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