What's At Stake
South Carolina is currently facing more challenges then ever from an ever expanding population. Thoughtful and comprehensive land use planning efforts are needed to ensure the quality of life that South Carolinians have come to treasure is preserved not only for this decade, but for future generations.
In 2003 The Property Rights Task Force crafted reasonable, compromise legislation (Act 39) to balance the rights of individual property owners and local communities’ rights to plan for growth. Act 39 passed with the support of development interests, property rights advocates, and conservationists.
Challenges
After the passage of Act 39, two nationally significant events brought the issue of property rights back to the forefront. The first was the passage of a regulatory takings ballot measure in Oregon in 2004. If a property owner perceived a depreciation of his or her land’s value due to zoning rules and regulations, Measure 37 mandated that the property owner either be compensated or a waiver be issued. The first option would have resulted in over $19 billion in requested compensation being paid by Oregon taxpayers. The second option would have resulted in waiving almost 7,000 claims affecting almost 800,000 acres of land. It is important to note Oregonians drastically scaled back the amount of development allowed under Measure 37 by passing Measure 49 in November 2007.
The second event was the U.S. Supreme Court’s decision in the Kelo vs. New London case. This case centered around a town’s ability to use eminent domain to take several parcels of private property for the purpose of economic redevelopment. While a Kelo style seizure of property could not have happened in South Carolina, the decision prompted the S.C. General Assembly to form an Eminent Domain Study Committee. The Committee has been assigned the tasks of studying which entities in South Carolina can utilize the right of eminent domain, the definition of blight and regulatory takings. Although the Committee has not published its final report yet, recommendations for regulatory takings are not anticipated.
Next Steps
South Carolina’s communities’ should not be stripped of their ability to protect their natural and historically significant properties due to regulatory takings.
Encourage the Eminent Domain Study Committee not to include provisions for regulatory takings legislation in their recommendations.
Ask that all proposals and recommendations that come from the Committee are in line with effective land use planning in South Carolina.
For more information:
Alison Floyd, Coastal Conservation League, 803-771-7102
Fast Facts
It is estimated that SC’s population will grow by an additional 1.1 million people by 2025. These residents will need over 700,000 new homes, 44 million sq. ft. of retail, 20 million sq. ft of office space and 66 million sq. ft of industrial space. Communities must maintain their ability to plan for and manage this growth responsibly.
A study in 1998 estimated a takings bill would cost SC $126 million dollars, with only $24 million going to the landowners, the rest to litigation and administrative costs.
Three years after voters in Oregon overwhelmingly supported Measure 37, voters have changed their minds and overwhelmingly supported Measure 49, which drastically reduces the number of takings claims allowed under Measure 37.