South Carolina
How First English Evangelical Lutheran Church v. County of Los Angeles applies in South Carolina: state-specific rules, key cases, and bar exam notes for Constitutional Law (Takings).
South Carolina recognizes the principles of inverse condemnation and just compensation, similar to the federal standard. State law emphasizes the necessity of government takings to provide just compensation for property owners subject to regulatory takings.
In South Carolina, when a governmental regulation significantly diminishes the value or use of private property, the property owner is entitled to compensation unless the regulation is a valid exercise of police power under the state constitution.
The court held that the state’s failure to allow development due to environmental regulations constituted a taking, requiring just compensation.
The court determined that the physical invasion of property by government-funded construction constituted a compensable taking under the South Carolina Constitution.
The court found that regulatory actions that significantly reduce property value without compensation are a form of inverse condemnation.
South Carolina's approach aligns closely with federal takings jurisprudence, particularly the standards established by the U.S. Supreme Court in First English. However, South Carolina places an additional emphasis on state constitutional provisions when assessing regulatory actions, potentially providing broader protections for property owners compared to federal interpretations.
Questions related to takings are commonly tested on the South Carolina bar exam, particularly through issues of compensation for regulatory takings under both the state and federal constitutions.