South Carolina Injuries

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Glossary

just compensation

Think of having a tool, truck, or piece of land taken for a public project and being handed enough money to replace only part of what was lost. Fair payment is supposed to make up for the value taken, not leave the owner carrying the shortfall. In law, just compensation means the amount the government must pay when it takes private property for public use through eminent domain or damages it so seriously that the loss is treated like a taking.

The basic measure is usually the property's fair market value, but the details can be disputed. Depending on the situation, the fight may involve appraisals, loss of access, damage to the remaining property, or whether the government's offer reflects the property's true highest and best use. In South Carolina, this right is protected by the South Carolina Constitution and handled through the South Carolina Eminent Domain Procedure Act (1987).

Practically, the number matters because once property is taken, the disruption is real and often immediate. A low offer can leave a family or business without enough money to relocate, rebuild, or replace what was lost.

For an injury-related claim, just compensation usually covers property loss, not personal harm. If a taking or project also causes physical injury, medical bills, lost wages, or pain and suffering, those damages may require a separate personal injury claim rather than being included in the eminent-domain payment.

by Janet Inabinet on 2026-04-02

Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.

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