SC To Consider Eminent Domain Reform Legislation

South Carolina State Representative Bill Herbkersman recently wrote a newspaper column explaining the State's legislative agenda for 2016. The first issue he named was "a reform of eminent domain." He stated that, "The condemnation action is serious business and is not usually considered except in legally defined circumstances. That said, there are times when private entities are allowed to request eminent domain for projects with a certifiable public benefit. Unfortunately, this private condemnation process has been, from time to time, used in what many of us think are questionable circumstances."

As to the nature of the reform, he stated, "Our reforms will tighten up the language so as to make absolutely certain that the condemned property is for public use, and that it will never be diverted to private control." So, 10 years after the infamous Kelo decision, eminent domain reform remains a hot button issue.