South Carolina State Highway Department v. Clarkson

Littlejohn and Ness, Justices

(dissenting) :

We respectfully dissent and would reverse the order of the lower court, thereby reinstating the verdict of the jury.

This proceeding by the South Carolina State Highway Department, appellant, was instituted for the purpose of condemning 15.48 acres of land, owned by the respondents, for the construction of Interstate Highway 77 in Richland County. Our statute, §§ 33-135, 136, provides that a landowner in such a proceeding may be paid just compensation, required by the constitution, in money, or in benefits to the remainder of the property, or by a…