What is a declaration of taking?

A Declaration of Taking is a type of legal action that allows the government to gain ownership of private property for public use. This process is known as Eminent Domain, and it exists so that the government can acquire land for essential public projects, such as roads, bridges, and other public facilities. In South Carolina, a Declaration of Taking is the act of the government taking title to, or possession of, private property for public use. It is typically initiated by the filing of a petition in the court of common pleas, by a public official. This petition must identify the property, the purpose for which it is being taken, the proposed owner, and the compensation to be paid. Once the petition is approved by the court, a notice of hearing is issued to the affected parties. This hearing gives the affected parties an opportunity to challenge the taking. If the court approves the taking, the declaration of taking is issued and the government is allowed to take possession of the property.

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