Are there any restrictions on the amount of time allotted for a taking?

In South Carolina, there are restrictions on the amount of time allowed for a taking under eminent domain law. The taking must be completed within one year of the date the condemnation action was initiated. This is found in Section 28-2-510 of the Code of Laws of South Carolina. This time frame begins when the South Carolina Department of Transportation or other responsible party files a complaint with the court of common pleas. The court then determines the damages, if any, and issues a judgment on the taking. Following this, the responsible party has sixty days to pay the compensation for the taking to the property owner, unless a court grants an extension. It is important to note that, in the event a dispute arises over the value of the property taken, the responsible party may take possession of the property and move forward with the project while the dispute is being settled. However, if the value of the taken property is determined to be more than the responsible party offered, the party may be liable for the additional amount due. In sum, eminent domain law in South Carolina allows for a taking to occur only if completed within one year of the date the condemnation action was initiated. The responsible party must also pay the compensation for the taking within sixty days of the court’s judgment, unless an extension is granted.

Related FAQs

Does eminent domain apply to renewable energy projects?
What is the difference between just compensation and market value?
What is the cost to the government exercising its power of eminent domain?
How do I determine the fair market value of my property?
Can I receive compensation for the time spent on my property?
What are the different forms of compensation available for a taking?
What is the difference between market value and fair market value?
What is the process for determining the public use of my property?
What is the power of eminent domain?
Can I prevent my property from being taken?

Are there any restrictions on the amount of time allotted for a taking?

Related FAQs

Related Blog Posts