Tuesday, August 16, 2005

S.C. Supreme Court holds there is no constitutional right to a jury trial in inverse condemnation cases

In Cobb v. SCDOT, the state Supreme Court held that "because an eminent domain action and an inverse condemnation action are treated equally under our constitution, we hold there is no constitutional right to a jury trial in an inverse condemnation case just as no such right exists in an eminent domain case."

There is, however, a right to jury by jury granted via statute in both types of cases.

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