The Eminent Domain Procedure Act of SC

Created and passed in 1987, the South Carolina Eminent Domain Procedure Act has several key features.

1) If there is a conflict between the SC rules of civil procedure and the SC Eminent Domain Procedure Act the latter prevails.

2) If the owner of the land refuses the offer of compensation during the 30 days they are given to consider the offer, the condemnor is able to file a condemnation notice with the clerk of court, paying a filing fee equal to that of a summons or complaint, and then deposit the funds that were offered to the owner. At this time the clerk of court can order the dispossession of the owner from the property and the funds are given to the owner at the time of dispossession whether or not they accepted the offer or not.

3) To prevent the above action the owner can elect to enter into a trial stage which they can demand and must take place no more than 60 days after the date of service on the affidavit reporting that they have rejected the offer of compensation.

4) Or, a three member appraisal panel can be appointed, with the owner appointing one member, to view the facts and circumstances of the action and determine if the offer was in fact a fair value. The decision of the panel can be appealed to a trial for further deliberation.

Friday, April 25, 2014

Leases and Eminent Domain/Condemnation

Pg. 474 of Essentials of Practical Real Estate Law- A lease may or may not have a clause as to what will happen if a section of the leased premises are taken through eminent domain action or government condemnation. Typically the landlord or tenant can exercise a right to terminate the lease do to this type of action. And if termination is not selected the rent will be amended to reflect the smaller size premises being rented.
Pg. 71 of Essentials of Practical Real Estate Law- Federal, State, and Local Governments have the right to take private property for public use. In other words the ownership of real property in the United States is subject to a perpetual repurchase option of the government. The land being taken could be on behalf of local government agencies, county and city, state and federal agencies, or in some cases privately owned public utility companies. The owner of the land is entitled to fair market value compensation for the land taken but what is fair market value for it is subject to many disparaging views and opinions. Depending on the various appraisals, who is doing them, and the vested interest that party may have in coming up with their value, the actual market value and what is considered fair are not always going to be the same number.
Pg. 255 of Essentials of Practical Real Estate Law- An exclusion on title insurance is that it is understood ownership in private property is subject not only to government control but also government taking of the property via eminent domain or regulations under police powers. (I.E. RICO actions.)
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