HARDIN v. SCDOT

No. 26262.

371 S.C. 598 (2007)

641 S.E.2d 437

John A. HARDIN and Martha Hardin Curran, as Trustees of Marital Trust 2 under the will of Martha S. Hardin, Deceased, Respondents, v. The SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Petitioner. and Elisha B. Tallent, d/b/a Elisha's California Hair, Respondent v. The South Carolina Department of Transportation, Petitioner.

Supreme Court of South Carolina.

Heard May 2, 2004.

Decided February 12, 2007.

Rehearing Denied March 8, 2007.


Attorney(s) appearing for the Case

Linda C. McDonald and Beacham O. Brooker, Jr., both of Columbia, and Robert L. Widener, of McNair Law Firm, of Columbia, for Petitioner.

David A. White, of Robinson, Bradshaw & Hinson, of Rock Hill, for Respondents.

Andrew F. Lindemann, of Davidson Morrison & Lindemann, of Columbia, and Danny C. Crowe, of Turner Padget Graham & Laney, of Columbia, for Amicus Curiae Municipal Association of South Carolina.

Richard D. Bybee, of Smith Bundy Bybee & Barnett, of Mt. Pleasant, for Amicus Curiae South Carolina Landowners Association.

Robert E. Lyon, Jr., and M. Clifton Scott, both of the South Carolina Association of Counties, of Columbia, for Amicus Curiae South Carolina Association of Counties.

Robert Clyde Childs, III, of Greenville, for Respondent.


Hardin heard April 5, 2006.

Tallent heard May 2, 2004.

Chief Justice TOAL:

These cases deal with the issue of whether and to what degree realignments and closures of public roads constitute "takings" within the meaning of Article I, § 13 of the South Carolina Constitution and the Fifth Amendment to the United States Constitution. Lower courts separately determined that the property owners in both Hardin and Tallent suffered takings...

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