Immediate Steps to Protect Your Land
Receiving an official Condemnation Notice or a letter of intent from a government agency like the South Carolina Department of Transportation (SCDOT) or a utility company can be alarming. It means your property is officially targeted for a public project. Here are the immediate steps you should take to protect your rights:
1. Do Not Agree or Sign Anything Immediately
Right-of-way agents may urge you to sign agreement documents or accept an initial buyout offer quickly, claiming it is a standard procedure or a "generous" offer. However, once you sign a release or deed transfer, you lose your right to challenge the valuation or negotiate further. Politely decline to sign until you have had the documents reviewed by a condemnation lawyer.
2. Keep Detailed Records of All Communications
Document every phone call, email, letter, and in-person meeting with right-of-way agents or government officials. Save any maps, design drawings, appraisal packets, and booklets they provide. These documents help establish the scope of the taking and the government's valuation timeline.
3. Do Not Prevent the Government from Entering for Surveying
In South Carolina, condemning authorities generally have the statutory right to enter private property to perform surveys, soil tests, and appraisals prior to filing a lawsuit. Preventing them from doing so can lead to legal action against you. However, you have the right to document their visits and ensure they do not cause damage to your property during testing.
4. Seek an Independent Appraisal
The government's initial appraisal is designed to reflect their valuation metrics, which may fail to account for highest and best use, business damages, or severance damage to remaining parcels. Working with an independent appraiser who specializes in eminent domain valuation is critical to establishing your property's true value.
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