E. Remedies86
In an inverse condemnation action a successful property owner plaintiff is compensated for the diminution in value to his or her property, not for its full value.87 An eminent domain statute provides that in determining just compensation, only the value of the property to be taken, any diminution in the value of the landowner's remaining property, and any benefits as provided in § 28-2-360 may be considered.88 Under another statute a court rendering judgment for a plaintiff in an inverse condemnation proceeding and awarding compensation for the taking of property must determine and award, as a part of the judgment or settlement, an amount that will reimburse the plaintiff for his or her reasonable costs, disbursements and expenses, including reasonable attorney's fees, appraisal and engineering fees, actually incurred because of the proceeding.89 The plaintiff is also entitled to interest on sums found to be just compensation.90 Prejudgment interest is a question for the court.91
While the injury under the federal and state constitutions that occurs when there is a taking is the loss of property without just compensation, an injunction may be available in a proper case,92 and in eminent domain cases South Carolina courts have recognized the availability of temporary injunctions pending the outcome of condemnation proceedings.93
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Notes:
[86] See generally Asper, The Fair Market Value Method of Property Valuation in Eminent Domain: "Just Compensation" or Just Barely Compensating? 58 S.C. L. Rev. 489 (2007).
[87] Horry County v. The Insurance Reserve Fund, 344 S.C. 493, 544 S.E.2d 637 (Ct. App. 2001) (where house rendered uninhabitable from continually pumping of water from mine pits causing sink and chimney holes plaintiff awarded $300,000); Yadkin Brick Co. v....
