Find Lawyers in Charleston, South Carolina for Eminent Domain and Condemnation Law
Practice Area Overview
More recently, government has perceived a need to expand the exercise of eminent domain beyond its classic takings context to include a variety of “rationally conceivable” public benefits thinly tethered to public use. In these instances, lawyers are asked to advise their clients on whether the government has been faithful to its constitutional duties to take property only for a public use upon payment of just compensation and in accordance with statutory procedures enacted to protect property owners.
In instances where governmental regulations “go too far” and impose burdens on private interests that should be borne by the public as a whole, lawyers evaluate whether the regulation unconstitutionally deprives the owner of all economically viable use of property or has a significant impact on its value and the owner’s investment-backed expectations.
The Takings Clause also places limits on the power of government to impose exactions for development permits. These exactions may be fees, dedications of real property, or other obligations asserted to offset the impact of a development project. Under the doctrine of unconstitutional exactions, a benefit demanded of the landowner must have a nexus to the impact of the development and be roughly proportional to its anticipated effects.
In many instances, lawyers in this practice area engage experts in appraisal, construction, development, economics, environmental remediation, engineering, permitting, planning, zoning, and related professions to secure fair treatment, fair value, and a fair understanding of whether one of the most potent powers granted to government has been exercised in fidelity to lawful mandates.
Johnny Linton represents Plaintiffs and Defendants and practices full-time as Special Counsel at Duffy & Young, LLC. He has concluded jury and non-jury trials in five Divisions of the United States District Court; has prevailed for clients in the United States Court of Appeals for the Fourth Circuit, the South Carolina Supreme Court, and the South Carolina Court of Appeals; and was lead counsel on brief and oral argument against the Solicitor General of the United States, Charles Fried, i...
John is AV-rated, the highest rating offered by Martindale-Hubbell®. He has tried cases to verdict in both state and federal court. He represents plaintiffs and defendants in a variety of litigation matters, as well as landowners in condemnation cases. His practice encompasses a broad range of areas including federal practice, business and commercial litigation, eminent domain/condemnation, personal injury, zoning appeals, intellectual property litigation and employment litigation. John w...
William R. Stroud provides clients dirt-to-divestiture representation in commercial real estate, covering acquisition, financing, development, construction, land use and zoning, commercial leasing, and operational matters. William also advises clients in various business matters, including entity formation, corporate governance, and related commercial contracts. William represents a wide range of clients, focusing on their real estate and related business needs, including acquisitions, dispos...
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