What is the difference between a condemnee and a condemnor?

The difference between a condemnee and a condemnor is significant when it comes to eminent domain law in South Carolina. A condemnee is an individual, business, or organization that the government has identified as the legal owner of property that has been taken or will be taken via eminent domain. The property taken is considered a “taking” even if it is compensated for. A condemnor is the government or government agency responsible for initiating a taking of property through eminent domain proceedings. Condemnors can include city, state or county government, school districts, utility companies, or government-owned institutions. The process of condemnation is initiated by the condemnor. The condemnor must provide written notice to the condemnee and offer a fair and just compensation for the taking of the property. The condemnee still retains the right to challenge the amount of compensation offered by the condemnor which can be addressed through the condemnation process. Once the condemnee has been notified and a fair and just compensation is agreed upon, the property is taken and the government or agency obtains title to the property. This may be done to facilitate construction of a public facility, such for a road, school, park, etc. In summary, a condemnee is the legal owner of the property that is taken by the government or agency through the eminent domain process. The condemnor is the government or government agency initiating the taking, typically offering a fair and just compensation for the taking.

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