South Carolina Department of Transportation v. Jerry Lee Richardson, et al.

Condemnation, Eminent Domain - The South Carolina Department of Transportation condemned 6.9 acres of Richardson's 26.20 acre tract located on Hilton Head Island. The property was in the path of the Cross-Island Expressway. Richardson's expert witness testified the appropriate amount for Richardson's just compensation was approximately $415,000 which included the value of the 6.9 acres taken and the damage to the remaining property. Richardson testified he believed his damages were between $650,000 and $2,000,000. After Richardson testified, his attorney, out of the presence of the jury, stipulated the maximum recovery Richardson sought was $782,000. The Department's expert witness testified the total amount of the damages Richardson suffered was $210,000. The jury returned a verdict of $500,000. During his closing argument, Richardson's attorney told the jury that the evidence supported damages between $415,000 and $782,000.
Afterward, Richardson petitioned the court for litigation expenses as the prevailing party pursuant to S.C. Code Ann. § 28-2-510 (1991). The trial court found that the highest valuation attested to on behalf of the landowner was $2,000,000, while the highest valuation attested to on behalf of the Department was $210,000. The court therefore held Richardson was not entitled to litigation expenses under § 28-2-510.

Plaintiff's Verdict - Jury awarded Jerry Lee Richardson $500,000.00 as just compensation for the taking of his property. The trial court, however, denied Richardson's request for litigation costs.

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Jerry Lee Richardson appealed the denial of litigation expenses and the Court of Appeals of South Carolina affirmed the trial court's judgment. See 516 S.E.2d 3 (S.C.App. 1999). The above cited date is the date of the appellate decision and not the trial date. Reported by C.H. Processed J.F.