Our Practice Areas
Condemnation and Eminent Domain
WE REPRESENT LANDOWNERS IN CONDEMNATION AND EMINENT DOMAIN PROCEEDINGS
As a business or individual, you face great risk when a government agency seizes your real estate for public purposes. Both the federal and state constitutions provide that landownership is one of your most basic and important rights. They also provide that you are entitled to be paid “just compensation” when the government takes your land. However, the government agency that takes your land is not required to protect your interests.
If your property is condemned in an eminent domain proceeding, “just compensation” should be the fair market value of your property. The initial amount offered by the government for the property is often well below its actual fair market value – and is seldom “just compensation.” Also, there may be damage to the remainder of your property, compensation for which is rarely part of the government’s initial offer.
Harvey & Battey has extensive experience in court and with negotiated settlements for the recovery of all losses that occur when the government or a utility company takes all or a portion of your land. Our firm has an extensive network of engineers, appraisers and professionals that help us to protect clients’ rights and to recover amounts to which the landowner is legally entitled – true “just compensation.”
Attorneys fees are usually only charged on the amount in excess of the government’s initial offer. In some instances, attorneys fees and costs of litigation may be recovered from the government or utility company. The firm’s attorneys have extensive experience in the area of condemnations and a proven track record of results. Contact us for a no-cost consultation to learn your rights.
COMMON EMINENT DOMAIN QUESTIONS
Q: The state or local government wants to take a part of my land for widening the highway. What are my rights?
A: You have a right to receive just compensation for the taking of your land. Compensation may include the value of the land taken and any damages to the remaining land. Damages to the remainder are I many forms so call for an appointment to discuss your matter.
Schedule a Consultation
For more information or to discuss your case with a lawyer at Harvey & Battey, call (843) 524-3109 or click the button below to contact us online.
Case Results
EMINENT DOMAIN
$2,000,000
Eminent Domain Verdict in Jasper County, SC. The South Carolina Department of Transportation took eight acres of land from the Landowner for the widening of Highway 170 between Hilton Head Island and Beaufort. Prior to hiring Tom Holloway, the Highway Department offered to pay the Landowner $155,000 for the eight acres condemned, and later reduced the offer to $85,000 after the Landowner rejected the initial offer. The case went to Jury Trial for a week in Jasper County and the jury awarded just under $2,000,000 for the value of land taken plus damages the highway caused to the remaining property. This Jury Verdict was appealed twice to the Supreme Court and Attorney Holloway was successful in every proceeding. When the SCDOT finally paid the judgment, they were required to pay over $3,000,000 due to the award of attorney’s fees and the interest in the benefit of the Landowner.
EMINENT DOMAIN SETTLEMENT
$1,400,000
$1,400,000 recovered for a Church in Bluffton from South Carolina Department of Transportation and Beaufort County. The County took less than 1/2 acre of the Church’s land and reduced the access to and from the parking lot. Attorney Holloway and our Eminent Domain Team were able to negotiate a settlement at trial after the Jury was selected.
EMINENT DOMAIN SETTLEMENT
$400,000
$400,000 Eminent Domain Recovery for landowner in Bluffton SC. Property was damaged by government road and development projects causing flooding and erosion to the property. The Government’s initial offer to the landowner was $3,000.00. Attorney Holloway hired a team of engineers, appraisers and experts and was able to prove the government’s intentional use of clients vacant land for highway water runoff.