MYERS v. REAL PROPERTY AT 1518 HOLMES STREET

23493

306 S.C. 232 (1991)

411 S.E.2d 209

Donald V. MYERS, as Solicitor of the Eleventh Judicial Circuit, State of South Carolina, Appellant v. REAL PROPERTY AT 1518 HOLMES STREET (Happy Town Part of Lot 6 Block C) Designated by Lexington County Tax Map Number 004644-03-19, Located in "Happy Town" Near the City of West Columbia, Lexington County, South Carolina, and All Buildings, Appurtenances and Improvements Thereon, Deeded to Sam Johnson, on June 25, 1945, and All Personal Property and Monies Located Thereon, and Sam Johnson Personally, and Security Federal Savings and Loan Association of Columbia, a Corporation, Respondents. And Donald V. MYERS, as Solicitor of the Eleventh Judicial Circuit, State of South Carolina, Appellant v. REAL PROPERTY AT 1520 HOLMES STREET (Happy Town Part of Lots 5 and 6 Block C) Designated by Lexington County Tax Map Number 004644-03-20, Located in "Happy Town" Near the City of West Columbia, Lexington County, and All Buildings, Appurtenances and Improvements Thereon, Deeded to Rebecca Johnson, on February 13, 1984, and All Personal Property and Monies Located Thereon, and Rebecca Johnson Personally, Respondents. And Donald V. MYERS, as Solicitor of the Eleventh Judicial Circuit, State of South Carolina, Appellant v. REAL PROPERTY AT 1522 HOLMES STREET (Happy Town Part of Lots 4 and 5) Designated by Lexington County Tax Map Number 004644-03-21, Located in "Happy Town" Near the City of West Columbia, Lexington County, South Carolina, and All Buildings, Appurtenances and Improvements Thereon, Deeded to Rebecca Johnson, on May 28, 1976, and All Personal Property and Monies Located Thereon, and Rebecca Johnson Personally, Respondents. And Donald V. MYERS, as Solicitor of the Eleventh Judicial Circuit, State of South Carolina, Appellant v. REAL PROPERTY BEHIND 1520 HOLMES STREET (Lot 4) and At 1528 Holmes Street (Lots 2 and 2B) Designated by Lexington County Tax Map Numbers 004644-03-030 and 004644-03-029, Located in "Happy Town" Near the City of West Columbia, Lexington, South Carolina, and All Buildings, Appurtenances and Improvements Thereon, Deeded to Julius Livingston on February 14, 1989, and All Personal Property and Monies Located Thereon, and Julius Livingston Personally, Respondents. And Donald V. MYERS, as Solicitor of the Eleventh Judicial Circuit, State of South Carolina, Appellant v. REAL PROPERTY .4 MILES SOUTH OF HIGHWAY 378, .4 Miles West of Leaphart Street (Lots 3 and 3B, 63 X 115) Designated by Lexington County Tax Map Number 994644-03-032, Located in "Happy Town" Near the City of West Columbia, Lexington County, South Carolina, and All Buildings, Appurtenances and Improvements Thereon, Deeded to Samuel Johnson and Rebecca Johnson, on July 24, 1972, and All Personal Property and Monies Located Thereon, and Samuel Johnson and Rebecca Johnson Personally, Respondents.

Supreme Court of South Carolina.

Decided October 14, 1991.

Rehearing Denied November 14, 1991.


Attorney(s) appearing for the Case

Attorney General T. Travis Medlock, Chief Deputy Atty. Gen. Edwin E. Evans, and State Atty. Georgia L. Lewis, Columbia, Asst. Sol. Thomas E. Pope, Lexington, for appellant.

Desa A. Ballard and L. Joel Chastain, both of Ness, Motley, Loadholt, Richardson & Poole, Barnwell, H. Patterson McWhirter, of McWhirter & Associates, Lexington, and Joseph M. McCulloch, Jr., of Bolt, Popowski, McCulloch & Strom, Columbia, for respondents.


Heard June 11, 1991.

Decided Oct. 14, 1991.

Rehearing Denied Nov. 14, 1991.

CHANDLER, Justice:

This appeal involves the constitutionality of South Carolina Civil Forfeiture Statute, S.C. Code Ann. § 44-53-520,1 et seq. (Cum. Supp. 1990). Circuit Court found no due process violation but held that operation of the statute constitutes a "taking" of property without...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases