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Most private property owners find it is easier to just accept the value and move on with their lives. It is nearly impossible to halt an eminent domain case, although it is possible to pursue further compensation.
But the Fifth Amendment places two strict limits on eminent domain. First, private property can be taken only for ?public use,? or public works projects, like roads and bridges. Second, even if a property is taken for a public use, the owner must be paid ?just compensation.?
Steps in the Eminent Domain Process The eminent domain process in South Carolina typically follows these steps: The government identifies the property to be taken through eminent domain. The government makes an offer to purchase the property. If the offer is refused, the government files a lawsuit to take the property.
If you're a property owner in South Carolina, there's a chance you may be affected by eminent domain laws. This legal process allows the government to take private property for public use, but it must provide just compensation to the owner.
The Constitution provides the federal government eminent domain authority to take private property, as long as the taking is for a "public use", and "just compensation" is provided to the property owner.
Under South Carolina Code §16-11-620, trespassing is typically considered a misdemeanor offense punishable by up to $1,000 in fines and up to 30 days in jail.