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An Overview of Eminent Domain
"The paramount importance of private property is so fundamental in this country that its protection is expressly guaranteed in the United States Constitution and the South Carolina Constitution. “ Download this article on eminent domain to learn more from Keith Babcock, one of South Carolina’s most recognized eminent domain lawyers. Columbia’s Malfunction Junction is getting a much-needed face lift. The Carolina Crossroads project is one of the most significant road improvement projects ever undertaken in South Carolina. Anyone who has driven through the I-20/26/126 corridor in Columbia, otherwise known as “malfunction junction,” during peak morning or evening commute times, or increasingly at anytime, can attest to the urgent need for greater capacity and easier transitions between interstates.
The project will add lanes and rework the interchanges on I-126 between Colonial Life Boulevard and I-26 at Broad River Road. The project will also specifically address the I-20/26 connection. In the long run, such improvements will be welcomed by commuters and travelers alike, but in the near term, hundreds of businesses and property owners will be required to shoulder the burden of public progress by having their land taken by the government to make these improvements a reality. How does this project impact businesses? If your business or property is situated along the frontage roads of the I-26/126 corridor between Colonial Life Boulevard and Harbison Boulevard you should expect a major impact. The Carolina Crossroads project is adding lanes in each direction to this stretch of I-26/I-126. Interstate lane expansion will push the frontage roads out wider than their current location and will require the South Carolina Department of Transportation to take frontage property from landowners. Some of the most significant impacts will be felt by businesses and property owners bordering the existing I-26/126 corridor between Colonial Life Boulevard and Harbison Boulevard, with particularly significant impact to the properties between St. Andrews Road and Harbison Boulevard that front on Fernandina Road and Jamil Road. Your existing road frontage may be used for signage, parking, inventory, advertising, or storage. Losing this space will affect your business and the value of your property. In certain circumstances, buildings will be impacted by this project, either directly hit by the realigned frontage road or by having the frontage road move much closer to the existing building. This acquisition may also change how you currently use your property or your planned future use. Your property is in the impact zone so what recourse do you have? You are constitutionally entitled to receive just compensation for your property. It is not unusual for a landowner to value its property differently than the government, in part because a landowner is more familiar with the property’s use and potential. When negotiating fair compensation for your property, it is important to work with experienced professionals that understand the condemnation process and how to evaluate the impact of the taking on your property. Is your building or business going to impacted by the Carolina Crossroads project? Will the use of your property be negatively impacted? The Carolina Crossroads project impact map is publicly available and we can help you review how your property is being impacted and talk through next steps. Find out how Lewis Babcock L.L.P. can help. For frequently asked questions related to condemnation see https://www.lewisbabcock.com/frequently-asked-questions.html. In this difficult time, it is important that legal services remain available to everyone. Like
many firms, we are open with some lawyers and legal assistants working in the office (which has been professionally disinfected) and others from their homes. We are practicing social distancing, and our office remains open as permitted under the City of Columbia Ordinance passed on March 26, 2020. While we are not meeting with clients or potential clients in person, we remain available for consultation by telephone. In parts of the country, the government is temporarily acquiring private property to assist in the fight against COVID-19. In some cases, land is being acquired for the construction of temporary hospital units. In others, existing facilities, such as hotels and former pharmacies, are in the process of being temporarily acquired. We certainly support these efforts by the government, and should you find that the government needs your property in South Carolina, please contact us to make sure that your rights are protected. Keith Babcock discusses the Carolina Crossroads condemnation project with the Post & Courier2/24/2020
Some much needed change is coming to Columbia and malfunction junction, but not without a cost to businesses and property owners. In this Post & Courier article, our experienced eminent domain attorney, Keith Babcock, discusses the condemnation process and how involving an attorney at an early stage may benefit a landowner.
(February 12, 2020 – Columbia, SC) Lewis Babcock attorney, Joseph Berry was selected for membership in the 2020 class of the South Carolina Bar Leadership Academy. Each year the Academy selects attorneys from across the state practicing between 3 and 15 years, to participate in the program designed to develop leaders in the legal and business community.
The highly selective program provides members with networking opportunities, professionalism training, community awareness, and other skills necessary to give back to the profession and position themselves as leaders in the community. The class meets once a month for approximately five months, with each month’s program focusing on a different topic. “It’s an honor to be selected for the program,” said Joseph Berry. “I’m looking forward to learning through this interactive program and building relationships with other members.” Berry, an associate at Lewis Babcock in Columbia, South Carolina is a litigation attorney representing clients in the areas of fiduciary negligence, business disputes, eminent domain cases, and appeals. ***** Lewis Babcock, L.L.P. is a litigation law firm with a statewide practice and a national reputation. Led by founding partner Keith Babcock, the attorneys have significant experience representing plaintiff and defense clients all across South Carolina. The firm is known for their work representing clients in eminent domain cases, business disputes, professional negligence and appeals. For more information click here or go to www.lewisbabcock.com. Keith M. Babcock has been selected for inclusion in The Best Lawyers in America® for 2020. Keith Babcock is recognized for his efforts in the areas of Eminent Domain and Condemnation Law and Legal Malpractice Law – Plaintiffs.
Keith Babcock "It has been my pleasure to participate in the 1L mentoring program for a number of years. I think the program does several things for the students. First, they get ot interact with lawyers to calm some of the fears that first-year students have. After all, we were all first-year students at one point in time. We normally meet at my law firm, so students not only interact with practicing lawyers, but get to see the practice of the law from a closer perspective. While the program is primarily intended to benefit the students, there is no question that it benefits the lawyers as well." - Keith Babcock Congratulations Keith Babcock on receiving the highest possible rating in both Legal Ability and Ethical Standards for 2020!
Keith Babcock has been selected for inclusion in the 2019 South Carolina Super Lawyers®.
View Super Lawyer Profile Here > In August 2018, the Columbia Business Monthly magazine announced the results of its Legal Elite survey of attorneys in various areas of law. Mr. Babcock was recognized as the leading vote-getter in the field of Business Litigation.
Keith Babcock spoke on two panels at the American Law Institute’s 35th Annual Eminent Domain and Land Valuation Litigation Conference, held in Charleston, South Carolina on January 25-27, 2018. The conference draws hundreds of eminent domain practitioners from all over the country and is recommended for experienced practitioners, as well as those new to the field. In addition to pertinent information such as effective case planning strategies and tips on staying current in eminent domain practice, discussions are targeted for attendees to learn about emerging issues. Mr. Babcock spoke on the panels of “Condemnation 101: Wanna Win ? Effective Attorney-Appraiser Interaction” and “The Project Influence Rule and its Evidentiary Burdens.” Mr. Babcock has been a regular speaker at this highly-regarded event since 2002.
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