Both the Federal and State Constitutions require the government to pay just compensation for the taking of your  property. There two categories of condemnations, the traditional condemnation where the government initiates an action against the landowner. However, there are times when the government takes property without filing an action. In that situation, the landowner must file an inverse condemnation action in order to recover under the law.

Under inverse condemnation, allow the property owner to go to court and explain that the actions of the alleged taking of his/her property and present his/her opinion on damages. The jury will determine if a taking occurred and what the landowner should receive as for just compensation. There are two general types of inverse condemnation law ­regulatory takings and physical takings. Physical takings occur when the government either intentionally or unintentionally takes a portion of your property. This can be done by trespass, diverting surface runoff water or drainage to your property, excessive noise, allowing an underground plume to enter property, etc. There is also a regulatory taking where the government places some type of restriction on or against the property which cause damages.

Condemnation Blight

There is also a cause of action in South Carolina called condemnation blight. That occurs when your property suffers damage as a result of the announcement of a project. The occurs when the government announces plans for a project such as the construction of a waste treatment plant, but fails to acquire any property and fails to take steps to complete the project. In that instance you as the landowner could suffer damages since no one would want to purchase your property knowing the government has plans to take it.