Takings & Eminent Domain

Takings & Eminent Domain

The government has the right to take private property for public use under the Eminent Domain doctrine, but that power is not unlimited. Property owners are entitled to just compensation when their land, business, or home is taken. At Wyche, we are dedicated to protecting the rights of property owners facing government takings, ensuring that they receive fair treatment and the compensation they are owed.

Our takings & eminent domain attorneys bring deep legal experience, strategic insights, and a commitment to defending property rights. Whether you’re dealing with a large infrastructure project or a local government taking, Wyche is here to provide the support and advocacy you need to ensure your property and financial interests are protected.


Negotiating Fair Compensation for Property Owners

One of the central components of any eminent domain case is securing fair and just compensation. While the government may argue that it is offering fair market value for your property, Wyche’s team is committed to ensuring that the compensation truly reflects the property’s worth, including future use, business interruptions, and non-market factors like emotional impact.

Common claims we handle:

    • Residential Property Acquisitions
    • Commercial Property Acquisitions
    • Agricultural Property Takings
    • Property Value Losses Due to Government Projects

Disputing the Value of Property in Eminent Domain Cases

The government may offer a price for your property, but that price may not reflect its true value, especially when it involves special features or a business with long-term value. Wyche has extensive experience challenging government valuations of property, using expert appraisers, economists, and other specialists to show the true value of the land.

What we do for clients:

    • Appraisal Disputes: We contest the government’s valuation of your property.
    • Just Compensation: We pursue compensation for all losses, including loss of future income and business interruption.
    • Expert Witnesses: We employ expert appraisers, engineers, and environmental consultants to strengthen our clients’ cases.

Challenging the Legality of Takings

In certain cases, the government may not have the legal grounds to take private property, or the proposed taking may violate constitutional protections. Wyche examines every case to ensure that the government’s action complies with both the Fifth Amendment (which guarantees “just compensation”) and applicable state laws. We vigorously challenge illegal or unfair takings to protect our clients’ property rights.

What we do for clients:

    • Constitutional Challenges: We ensure that your property is not taken without proper compensation and for a legitimate public purpose.
    • Examination of Public Purpose: We challenge takings where the government fails to demonstrate a legitimate public benefit or public use.

Land Use and Zoning Disputes

In some cases, government takings involve changes in land use, zoning, or the alteration of surrounding areas. Wyche assists clients with zoning disputes, land use conflicts, and expropriation issues that can arise when public projects change the landscape or accessibility of a property.

Common claims we handle:

    • Zoning Changes: Disputes over whether changes in land use regulations justify the seizure of property.
    • Property Devaluation: Challenging reductions in property value due to adjacent or nearby public works.
    • Relocation Costs: Negotiating for relocation costs in the event of business or residential displacement.

Infrastructure and Development Projects

Whether it’s for roads, utilities, schools, or other public infrastructure projects, government takings often affect property owners in significant ways. Wyche assists clients in navigating the challenges associated with these projects, from early negotiations through to trial.

What we do for clients:

    • Negotiating Easements and Rights-of-Way: If a portion of your property is needed for an easement or public right-of-way, we negotiate to ensure that you are fairly compensated for that use.
    • Project-Specific Issues: We advocate for your interests in cases where government projects affect access, environmental quality, or business operations.

If you’re facing an eminent domain taking, don’t settle for less than you deserve. Wyche is here to protect your property rights and ensure you receive just compensation. Our attorneys are experienced in eminent domain law and are ready to help you navigate the legal complexities of these cases.

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Please note: Reference to these matters should not be considered as any sort of guarantee, warranty, or prediction regarding the outcome of any other legal matter, regardless of any similarities. The outcome of a particular case cannot be predicted upon past results, as every case is different and must be evaluated separately, upon a variety of factors unique to each case. In addition, the cases listed on the web site are illustrative only, and do not represent all of the cases that the law firm or the lawyers have handled. For further information, please read our full legal disclaimer.

John Moylan

John Moylan

Practice Lead

John focuses his practice on advocating for victims of catastrophic injuries and medical malpractice. He has been named among the Top 25 lawyers in South Carolina by Super Lawyers and has been recognized as 2024 “Lawyer of the Year” by Best Lawyers. He has also been selected twice as “The State’s Best Attorney” by the readers of The State newspaper. John is a graduate of Harvard Law School and Presbyterian College.

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