South Carolina Eminent Domain Law News - South Carolina Supreme Court Rules in Favor of Homeowners in Eminent Domain Case
On July 10, 2025, the South Carolina Supreme Court delivered a landmark decision in an eminent domain case that has been closely watched by residents and lawmakers alike. The case, which involved the town of Brooksville's attempt to seize several homes for a new commercial development project, has sparked controversy and debate over property rights and the use of eminent domain for private benefit.The homeowners, who have been fighting the town's attempts to take their properties for several years, were elated by the court's ruling. In a 5-2 decision, the Supreme Court ruled that the town had not demonstrated a legitimate public use for the properties in question and therefore could not proceed with the takings.Chief Justice Elizabeth Parker, writing for the majority, stated, "While the town may have argued that the commercial development would benefit the community as a whole, they failed to show how the seizure of these homes was necessary for that purpose. Eminent domain should only be used as a last resort when there is a clear and demonstrable public benefit, and in this case, that burden was not met."The dissenting justices argued that the court was overstepping its bounds by second-guessing the town's decision-making process and that the majority's interpretation of public use was too narrow. However, the majority's decision was hailed as a victory for property rights and a blow to governmental overreach by many legal experts and community members.The ruling sets a significant precedent for future eminent domain cases in South Carolina, clarifying the standards by which such takings must be justified. It also serves as a reminder to municipalities that they must carefully consider the public benefits of any proposed development project before seeking to use eminent domain to acquire property.In response to the ruling, the town of Brooksville has indicated that they will abide by the court's decision and explore alternative options for their commercial development project that do not involve the seizure of private property. The homeowners involved in the case have expressed relief and gratitude for the court's decision, which has allowed them to remain in their homes and preserve their property rights.