Myers v. Real Property at 1518 Holmes Street

I concur in so much of the majority’s opinion as affirms the circuit court finding of no due process violation with regard to the forfeiture. I respectfully dissent from that portion of the majority’s opinion which reverses the circuit court’s holding that the forfeiture constitutes a taking without just compensation, in contravention of the South Carolina Constitution, Article I, Section 13.

The majority’s finding that the forfeiture in this case is within the legitimate exercise of the state’s police power is contradicted by the facts.

Seizure of the subject property was predicated upon…