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Condemnation Proceedings

Condemnation issues arise when the government exercises its eminent domain power to transfer title in real property from the landowner to itself, or takes an interest in the landowner’s real property, i.e. an easement. Eminent domain is the inherent power of the state to expropriate private property, or rights in private property for its own use. It may also delegate it eminent domain powers to third parties who will then devote the property to “public uses”, the most common examples of this being railroads or public utilities.

The takings clause of the Constitution requires the government to compensate the landowner when the government takes the landowner’s property. Most disputes in condemnation proceedings arise over the value of the land the government is taking. There is also a concept called “inverse condemnation” where the government takes an action that isn’t on a landowner’s property but on property that is adjacent to it The government’s action(s) taken on the adjacent land then deprive the landowner of the total economic value of his property, but the government refuses to pay for it. An example of this would be the owner of a store with a parking lot where the government does road construction on the road that provides access to his property. The road construction elevates the road bed twelve feet higher than it previously was and eliminates the ability of the landowner to provide access to his customers to his property thus depriving the landowner of the economic value of his property.

We represent clients in borh condemnation and inverse condemnation proceedings. We are committed to getting our clients the money they deserve when the government either directly or indirectly takes the landowner’s property. We can typically achieve these results through negotiation and settlement but sometimes litigation is required. Please contact us with any questions you have regarding the government seizing your property and we will gladly help you answering those questions or if need be representing you to achieve your desired result.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer / client relationship.


Bluffton Law Office

48C Pennington Drive
Bluffton, SC 29910

Phone: 843-815-2397
Fax: 843-815-5291

Hilton Head Lawyers


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