Hardin v. South Carolina Department of Transportation

I concur in part and dissent in part.

Although I concur in result with the majority’s holding that Hardin has not suffered a compensable taking, I disagree with the rationale underlying its decision. Further, I disagree with the majority’s conclusion that Tallent has not suffered a compensable taking.

In my view, the majority ignores well-established precedent and then, without direct citation of authority, holds that “modern takings principles instruct that road closings and realignments which do not “take” land ... do not give rise to compensable takings because these actions do not directly…