Legal Opinion

South Carolina Department of Transportation v. Powell

Court of Appeals of South Carolina

Decided December 9, 2015No. Appellate Case No. 2013-001759; No. 5368PublishedCited by 1 opinion

1Opinion of the CourtLockemy, J.

In this appeal from a condemnation action, David Powell argues the circuit court erred in granting the South Carolina Department of Transportation’s (SCDOT) motion for partial summary judgment. We affirm.

FACTS/PROCEDURAL BACKGROUND

On August 27, 2010, SCDOT filed a notice of condemnation acquiring 0.183 acres of a 2.51 acre tract of unimproved land owned by Powell at the northeast corner of Old Socastee Highway and Emory Road in Horry County. The acquisition occurred in conjunction with a highway improvement project involving nearby Highway 17. SCDOT offered Powell $72,000 for the condemned…

2Cases cited14 opinions

  1. Fleming v. RoseSupreme Court of South Carolina · 2002
  2. United States v. GrizzardSupreme Court of the United States · 1911
  3. Campbell v. United StatesSupreme Court of the United States · 1924
  4. Phelps v. United StatesSupreme Court of the United States · 1927
  5. Sauner v. Public Service AuthoritySupreme Court of South Carolina · 2003

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3Cited by1 opinion

  1. S.C. Dep't of Transp. v. PowellSupreme Court of South Carolina · 2018

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