When Private Property Becomes Public: Navigating Privacy Rights
Eminent domain affords the State of South Carolina the authority to convert private property to public property even when the private owners are not interested in selling. This power, however, is balanced with constitutional rights, which help to ensure that eminent domain is reserved for those instances when it bolsters public use. Navigating your privacy rights when private property becomes public is challenging, but an experienced Greenville eminent domain attorney at Ryan Beasley Law is standing by to help.
Protecting Your Property Rights
In 2005, SCOTUS handed down its Kelo v. New London decision that expanded the meaning of public use in the context of eminent domain to include private economic development. This ruling allowed local governments to transfer ownership of homes and businesses to new owners when doing so would generate more jobs or taxes.
In 2006, however, the State of South Carolina approved a constitutional amendment that gives homeowners and business owners alike significant protection from eminent domain abuse. Municipalities throughout the state cannot condemn private property for eminent domain purposes when it is based on economic development. Instead, the process must hinge on legitimate public use, such as for roadways or schools.
If Your Private Property Becomes Public
If your private property is about to become public property, there are several steps you should take to protect your rights and your privacy. To start, you should consult with a knowledgeable eminent domain lawyer who will skillfully guide you through all the following key tasks:
- Establishing the fair market value of your property and ensuring that you’re not strong-armed into accepting less
- Helping you navigate the legal intricacies ahead
- Advising you of your rights throughout the legal process
- Identifying any mistakes, errors, or inconsistencies in the government’s efforts
Provide Only the Information You’re Required to Provide
The fact that the government is exerting eminent domain over your property does not mean that you are required to share everything about the property and its value with them. The bottom line is that the government is motivated to procure your private property for less. While there is certain information that you’re required to provide, your savvy eminent domain attorney is well prepared to manage this aspect of your claim.
The Expectation of Privacy When Private Property Becomes Public
When you are on your own private property, the two prongs regarding your expectation of privacy are met. These include that you have an actual expectation of privacy and that society deems this expectation objectively reasonable. The law generally holds that any reasonable expectation of privacy is seriously diminished on public property, which means you should adjust your own expectations accordingly.
An Experienced Greenville Eminent Domain Lawyer Can Help
The dedicated Greenville eminent domain attorneys at Ryan Beasley Law appreciate the challenges associated with private property that is transformed into public property, and we will spare no effort in the protection of your rights. Learn more about what we can do to help by contacting us online or calling us at 864-756-4204 today.