Real Estate & Property Law

A Public Use for a Public Use? North Charleston Sues South Carolina

By Alan Ackerman

The City's argument that its land is already maintaining a public use and thus may not be taken by the State for a different public use may have merit in certain circumstances. However, it is likely the State Legislature will simply limit this defense by statute and grant the State Department of Commerce clear authority to proceed with these condemnations.

Charleston Regional Business Journal

Following through on its promises to engage the state in a legal battle, the city of North Charleston has filed a lawsuit challenging the S.C. Department of Commerce's right to take several parcels on the former Navy base to build a rail yard.

The city's lawsuit, filed Jan. 21, seeks to overturn the condemnation action. In nine separate claims, the city argues that the Commerce Department and its S.C. Public Railways Division:

* Did not complete the project plans and financial studies required for condemnation.
* Did not follow certain procedures outlined under the state's eminent domain laws.
* Cannot legally take the city's land for a public use because it is already devoted to a public use.
* Lack the statutory authority to build a port-related rail yard. That authority belongs to the S.C. Department of Transportation and the S.C. State Ports Authority, the city claims.
* Are violating city contracts and debt obligations.

 

Full post as published by National Eminent Domain Blog on February 23, 2011 (boomark / email).