South Carolina Department of Highways and Public Transportation v. E.S.I. Investments, a South Carolina General Partnership, Landowner, and the South Carolina National Bank, Mortgagee; and Protective Life Insurance Company, Mortgagees

Eminent Domain - E.S.I. Investments was seeking compensation in excess of $1.8 million dollars for damages to its shopping center resulting from the condemnation. The condemnation involves a portion of three separate tracts of land owned by E.S.I.. One of the tracts was improved with the Heritage Square Shopping Center, occupied by various tenants named as parties in this action. This tract of land was bounded by Highway 78 and Loblolly Street before condemnation. The other tracts were parcels of land abutting U.S. 78 and adjacent to the shopping center. The total amount of land acquired was .553 acres from the three tracts comprising 13.98 acres before condemnation. E.S.I.'s claim for damages to the remainder were primarily premised on the construction of a raised concrete median which restricted turning movements to make a right turn in and right turn our at one of the entrances to the shopping center and the closing of another entrance on Loblolly Street. Loblolly Street was converted from a two lane street to a four lane controlled access facility. E.S.I. asserts that these changes in ingress and egress constituted material changes which lead to the diminution of the fair market value of the shopping center.

Jury returned defendant's verdict for $150,000.00

Unknown

Chris Donato, appraiser.

Court of Appeals decision reversed by the Supreme Court of South Carolina. See: 505 S.E.2d 593 (S.C. 1998). The date above reflects the date of decision of the Supreme Court, not the original trial date. Reported by kkm.