What Is the Eminent Domain Process in South Carolina?

Government agencies and other entities with the authority to exercise eminent domain have rules they must follow, and you’re entitled to compensation if your property is taken. This leaves many people wondering, “What is the eminent domain process in South Carolina?” Projects can range from improving access roads off SC Highway 160 to installing new sewer lines in York County. Knowing your rights can allow you to better understand your options in the process.

Understanding How Eminent Domain Works

Eminent domain gives governments the power to take private property for public use. In South Carolina, the state may also grant this power to other entities. Most often, this process is used to acquire land for highways, public utilities, schools, water lines, or public transportation.

In South Carolina, most of these rules are outlined in the South Carolina Eminent Domain Procedure Act. This law was written to require condemning authorities to adhere to certain procedures before taking ownership of a piece of private property. South Carolina law, specifically, Article I, Section 13 of the state constitution, provides property owners the right to just compensation when their land is taken for public projects.

The Eminent Domain Process

The eminent domain process is unique for every situation, depending on the circumstances surrounding the case. However, many cases follow a general process. This involves the acts listed below:

• The government or entity identifies the property.
• Notice of the taking is provided to the property owner.
• The condemning authority hires an appraiser and makes an offer to the property owner based on a valuation.
• Before filing a civil claim, there may be some negotiation.
• If no agreement is reached, a condemnation action may be filed in court.

Property owners are typically given rights throughout the eminent domain process, even if a property owner has already received an offer for their land. For example, you may be able to challenge the appraisal or question how the offered amount was calculated.

What Qualifies as Public Use?

Both federal and South Carolina eminent domain laws have given broad interpretations to what defines public use. A public project doesn’t automatically require public access to qualify. Ultimately, whether a project truly qualifies hinges on whether it serves a legitimate public interest. Typical examples of public use are listed below:

• Expanding roadways
• Bridge construction and maintenance
• Public school needs
• Water and sewer line work
• Parks and recreational construction or improvements

As areas like Fort Mill and other parts of York County continue to grow, there are many projects currently in the works that aim to improve the infrastructure to accommodate new developments and traffic. These are the types of projects that often require eminent domain action.

Determining Just Compensation

The need for new roads, schools, utilities, and other public infrastructure has grown as South Carolina’s population continues to rise. In 2025, the population was 5,570,274, which includes an 8.8% increase since 2020. When the need for more roadways, community facilities, and projects arises, eminent domain is often the solution for development projects.

While communities appreciate these types of improvements, determining compensation in eminent domain cases is often a point of contention for property owners. Ultimately, they deserve fair compensation for their property.

The value of a property is most commonly based on fair market value. However, there are many other types of damages that could be considered. Loss in value to the remaining property is one example. If only a portion of the land is being acquired, the remaining property could endure decreased accessibility, loss of visibility, or other factors caused by the condemning authority’s project, diminishing the overall value of the property as a whole.

Many factors can affect value, including appraisals, other comparable sales, land use restrictions, zoning, and much more. Since many of these factors can be argued, it’s possible that two different appraisers can come to completely different conclusions on what a piece of land is worth.

Why Choose Mack & Mack Attorneys?

At Mack & Mack Attorneys, we have proudly served the Fort Mill community for over 85 years. This makes us the oldest continuously operating law firm in Fort Mill, South Carolina. We have four generations of attorneys who have built our law firm. Throughout our many years of service, we have helped countless families, individuals, and businesses with real estate matters like eminent domain.

We understand local property values and have spent years working in York County to help people just like you. If you need assistance, hire an eminent domain lawyer from Mack & Mack Attorneys today.

FAQs

Can Eminent Domain Affect Only Part of My Property?

Yes, eminent domain often affects only part of a person’s property. Often, the government only requires an easement or a portion of your property. This is referred to as a partial taking. If only a portion is taken, it may impact access, parking, drainage, or development opportunities. South Carolina law allows for these factors to be considered when deciding if additional compensation may be warranted.

Does Eminent Domain Apply to Commercial Property?

Yes, commercial property is susceptible to eminent domain. Businesses can be impacted differently from a private residence because a taking could potentially change access to customers and parking or lessen the business’s ability to expand. Commercial properties can have other factors involved in their valuation, such as zoning, highest use at the time of taking, or impact on existing utilities.

What Happens if Multiple People Own the Property?

Sometimes property is owned by more than one party, and they may each have a legal right to the property being condemned. This can include spouses, business partners, heirs, trusts, or others whose names appear on the deed. How much each party receives depends on who owns what and any agreements or decrees from the court.

Does an Eminent Domain Case Become Public Record?

In most cases, eminent domain cases do become public record. If a condemnation action has been filed in court, most pleadings/motions filed in the action and court orders become part of the public record. This includes many of the filings related to the value of the property. Some information may be withheld from public view if protected by another statute or an order of the court.

Hire an Eminent Domain Lawyer With Experience in York County

At Mack & Mack Attorneys, our roots run deep, and we understand that eminent domain can be upsetting, leaving property owners to wonder what rights they have in these cases. Our knowledgeable eminent domain attorneys are prepared to help if you are facing this type of situation. Contact us for more information.