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BROWN v. AIKEN COUNTY

20687

271 S.C. 8 (1978)

244 S.E.2d 514

S. K. BROWN, First Baptist Church of Augusta, Georgia, Inc., Augusta Rescue Mission, The First National Bank and Trust Company of Augusta as trustee for Solomon K. Brown, III, Marian Patricia Brown and Carolyn Elizabeth Brown. Appellants, v. AIKEN COUNTY, Respondent.

Supreme Court of South Carolina.

May 16, 1978.

Attorney(s) appearing for the Case

Douglas S. Garvin of Garvin, Grant, Fox, Nuessle, Zier & Burkhalter and Henry Summerall, Jr., Aiken, for respondent.

Joseph O. Rogers, Jr., of Rogers, Riggs & Rickenbaker, Manning, for appellants.

May 16, 1978.

LEWIS, Chief Justice:

This action involves the right of respondent, Aiken County, to acquire, through condemnation, the fee to a 72 acre tract of land owned by appellant, A.K. Brown and others, for use in connection with the Horse Creek Basin Waste Water Treatment project. Respondent sought to justify the acquisition of the fee to appellants' land on the grounds that (1) it will provide land for future expansion

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