Georgetown Cnty. v. Davis & Floyd, Inc.

HILL, J.:

This appeal requires us to determine whether a county may sue another political subdivision and the South Carolina Department of Transportation (SCDOT) for inverse condemnation. Because we hold the property Georgetown County (the County) alleges was inversely condemned is not "private property" within the meaning of the Takings Clause of S.C. Const. art I, § 13, and further hold the County may not sue SCDOT, a state agency, on such a claim, we affirm dismissal of the County's claim.

I

The County alleges the City of Georgetown (the City) and SCDOT, while engaged in a joint water…