CONDEMNATION LAW ATTORNEY
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Has your property been taken by the state or federal government for public use? Our civil litigation attorneys can help. They are highly experienced in eminent domain and condemnation law claims. Our leading civil trial attorney, Russell W. Mace III, has over 15 years of legal experience and was voted as one of the top 100 trial attorneys nationwide. He is aware of the degree of proof needed to establish your condemnation claim. Mr. Mace is familiar with litigating condemnation claims, whether it be negotiating a fair settlement with the government or proceeding to trial. We will fight to help you recover the compensation that you deserve. Contact The Mace Firm for a free consultation at (843) 839-2900 or contact us online.
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CONDEMNATION
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Condemnation arises under the law of eminent domain. It involves the right of the federal government or this State or any of its permitted branches to condemn and take private property for public use. The United States and South Carolina Constitutions provide that private property shall not be taken for public use without just compensation. See U.S. Const. amend. V; S.C. Const. art. I, § 13. Just compensation is the amount a condemnor should pay to adequately compensate a landowner for the taking of his or her property. The goal is to put the landowner in as good a position, financially speaking, as he or she was in prior to the taking of the property. This will usually be the fair market value of the property, meaning the price that a buyer would give and a price that a seller would take when neither is being compelled to act. The fair market value is calculated on the date of the taking. Furthermore, if your entire tract is not taken, the court will not only consider the fair market value, but also any effect that the taking had on the remainder of the tract still in your possession. This is called special damages and relates to any injury or damage incurred to the remainder of the property. A landowner is also permitted to testify as to the special value of the property to him or her. If that value can be measured monetarily by a jury, a landowner is entitled to that value as well.
Given the role that the “fair market value” plays in receiving just compensation, it is important to find an accurate appraiser of your own to determine what you are entitled to. Further, it can sometimes be difficult to account for the special value that a property has to a landowner. This can be a time consuming process for someone that is not familiar with this type of law. The Mace Firm can assist you with these decisions and is why having a civil litigation attorney experienced in eminent domain and condemnation law is vital. We know the law and how to efficiently litigate your claim so that you receive your compensation as quickly as possible.
Make sure you get what you deserve for your loss and call one of our condemnation law attorneys for a free consultation at (843) 839-2900. We handle cases throughout South Carolina, including Myrtle Beach, North Myrtle Beach, Conway, Charleston, Georgetown, Columbia, Florence, Greenville, Darlington, Dillon, Spartanburg and many more.
