Last night, the South Carolina Legislature passed a proposed amendment to the State Constitution that provides home and business owners across the state with meaningful protection against eminent domain abuse. The amendment, which will appear on the November 2006 ballot, specifically prohibits municipalities from condemning private property for “the purpose or benefit of economic development, unless the condemnation is for public use.” It further requires that an individual property be a danger to public health and safety for it to be designated as “blighted,” closing a loophole that enabled local governments to use eminent domain for private use under the State’s previously broad blight definition. The amendment also removes provisions of the State Constitution that specifically allow several counties to use eminent domain for private uses.
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