Summons - James C. Hampton, Tract 81/82
Summons - James C. Hampton, Tract 81/82
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Summons - James C. Hampton, Tract 81/82

Tenders Payment Thereof 🕒︎ 2025-11-07

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Summons - James C. Hampton, Tract 81/82

STATE OF SOUTH CAROLINA COUNTY OF CHARLESTON IN THE COURT OF COMMON PLEAS C/A NO. 2025-CP-10-03881 Tract 81/82 Project ID No. P027507 ROAD/ROUTE INTERSTATE- 526 WEST South Carolina Department of Transportation, Condemnor, v. James C. Hampton, Danielle Sharnique Washington, Anna L. Kinlaw, Betty Bynum, Roy L. Wiggins, Randy Wiggins, Emma R. Bowman, Joyce W. Jenkins, Barry J. Wiggins, Eric S. Wiggins, and Izetta Davis. Landowner(s), and TranSouth Financial Corporation, Mortgagee Other Condemnee(s). SUMMONS TO: THE LANDOWNER(S) AND OTHER CONDEMNEE(S) ABOVE-NAMED: YOU ARE HEREBY SUMMONED, advised and notified, that pursuant to the South Carolina Eminent Domain Procedures Act, Section 28-2-10, et seq., the within Condemnation Notice and Tender of Payment, a copy of which is herewith served upon you, has been filed with the Clerk of Court for Charleston County. The purpose of this lawsuit is to enable the Condemnor, the South Carolina Department of Transportation, to acquire certain real property for its public purposes, as is more fully stated in the attached Condemnation Notice and Tender of Payment. Responsive pleadings to the Condemnation Notice and Tender of Payment are not necessary. LIS PENDENS NOTICE IS HEREBY GIVEN that the Condemnor above named pursuant to the South Carolina Eminent Domain Procedures Act, Section 28-2-10, et seq., of the South Carolina Code of Laws, 1976, as amended, has brought an action against the Condemnee(s) above named to acquire the real property described herein for public purposes, to-wit: All that parcel or strip of land, in fee simple, containing 0.24 acre (10,421 square feet) of land, more or less, being the entire property, and all improvements including the 927 SF single family residence, and including rights of access as may be needed for controlled access facilities, shown as the "Area of Acquisition" on Exhibit A, attached hereto and made part hereof, between approximate survey stations 110+00 to 113+00 on the right of Route I-26 survey centerline, and also, between approximate survey stations 13+00 and 15+00 on the left and right of Taylor Street. Tax Map Number 472-10-00-036 and 472-10-00-035 The property sought herein is to be acquired for public purposes, more particularly for the construction of a section of the I-526 and I-26 Interstate Improvements. NOTICE OF FILING TO: THE LANDOWNER(S) AND OTHER CONDEMNEE(S) ABOVE NAMED: Pursuant to the South Carolina Eminent Domain Procedure Act, Section 28-2-230(b), et seq., Code of Laws of South Carolina, 1976, as amended, you are hereby notified that as you have rejected the amount tendered as just compensation as stated in the Condemnation Notice, the Condemnor has filed the Condemnation Notice with the Clerk of Court for Charleston County pursuant to Section 28-2-90, Code of Laws of South Carolina, 1976, as amended, may now proceed to take possession of the property or interest described in the Condemnation Notice. CONDEMNATION NOTICE AND TENDER OF PAYMENT (JURY TRIAL DEMANDED) TO: THE LANDOWNER(S) AND OTHER CONDEMNEE(S) ABOVE NAMED: COPY TO: Charleston County Tax Assessor, 3875 Faber Place Drive, Suite 100, North Charleston, SC 29405-8547 Pursuant to the South Carolina Eminent Domain Procedure Act, Section 28-2-10, et seq., Code of Laws of South Carolina, 1976, as amended, you are hereby notified as follows: 1. The South Carolina Department of Transportation (SCDOT) is the Condemnor herein and seeks to acquire the real property described herein for public purposes. 2. James C. Hampton is named as Landowner(s) in this action by virtue of his claim(s) of title (or other interests) as shown by that certain Deed of Franklin E. West, Sheriff of said County, dated May 14, 1982 and recorded May 14, 1982 in the Office of ROD for Charleston County in Book K128 at Page 226. 3. Danielle Sharnique Washington is named as Landowner(s) in this action by virtue of her claim(s) of title (or other interests) as shown by that certain Deed of Daisy C. Reese (all her interest), dated June 16, 2010 and recorded July 23, 2010 in the Office of the ROD for Charleston County in Book 0134 at Page 759. 4. Anna L. Kinlaw, Betty Bynum, Roy L. Wiggins, Randy Wiggins, Emma R. Bowman, Joyce W. Jenkins, Barry J. Wiggins, Eric S. Wiggins, and Izetta Davis are named as Landowner(s) in this action by virtue of their claim(s) of title (or other interest) as shown by that certain Deed of Distribution of the Estate of Johnny L. Wiggins, dated July 18, 2008 and recorded July 22, 2008 in the Office of the ROD for Charleston County in Book E665 at Page 030 and Deed of Distribution of the Estate of Rebecca Wiggins, dated June 18, 2008 and recorded June 23, 2008 in the Office of the ROD for Charleston County in Book V662 at Page 855. 5. TranSouth Financial Corporation is named as "Other Condemnee(s)" in this action by virtue of its interest in that certain Mortgage dated February 1, 1993 and recorded February 4, 1993 in the Office of the ROD for Charleston County in Book H223 at Page 581. 6. The following is a description of the real property subject to this action and a description of the interest sought to be acquired in and to the property by the Condemnor: All that parcel or strip of land, in fee simple, containing 0.24 acre (10,421 square feet) of land, more or less, being the entire property, and all improvements including the 927 SF single family residence, and including rights of access as may be needed for controlled access facilities, shown as the "Area of Acquisition" on Exhibit A, attached hereto and made part hereof, between approximate survey stations 110+00 to 113+00 on the right of Route I-26 survey centerline, and also, between approximate survey stations 13+00 and 15+00 on the left and right of Taylor Street. Tax Map Number 472-10-00-036 and 472-10-00-035 7. The SCDOT is vested with the power of eminent domain pursuant to Section 57-5-320 and Section 28-2-60, Code of Laws of South Carolina, 1976, as amended. 8. The property sought herein is to be acquired for public purposes, more particularly for the construction of the I-526 and I-26 Interstate Improvements. 9. This action is brought pursuant to Section 28-2-240, Code of Laws of South Carolina, 1976, as amended. 10. The SCDOT has complied with the requirements set forth in Section 28-2-70(a), Code of Laws of South Carolina, 1976, as amended, by having the subject property appraised and making the appraisal available to the Landowner(s) where required by law, and certifies to the Court that a negotiated resolution has been attempted prior to the commencement of this action, or pursuant to Section 12-28-2940, Code of Laws of South Carolina, 1976, as amended, an appraisal of this property was not required. 11. Project plans may be inspected at the office of Charleston County Maintenance Office, 2401 Maintenance Way, North Charleston, SC 29406, under Project ID No. P027507, I-526 Lowcountry Corridor WEST, Tract 81 and 82. 12. THE CONDEMNOR HAS DETERMINED JUST COMPENSATION FOR THE PROPERTY AND RIGHTS TO BE ACQUIRED HEREUNDER, INCLUDING ALL DAMAGES (IF ANY), TO BE THE SUM OF ONE HUNDRED NINETY-FIVE THOUSAND SEVEN HUNDRED AND NO/100 DOLLARS (195,700.00) AND HEREBY TENDERS PAYMENT THEREOF TO THE LANDOWNER(S). 13. Payment of this amount will be made to the Landowner(s) if within thirty (30) days of service of this Condemnation Notice, the Landowner(s) in writing requests payment, and agrees to execute any instruments necessary to convey to the Condemnor the property interests and rights described hereinabove. The Agreement and Request for Payment must be sent by first class certified mail with return receipt requested or delivered in person to Director, Rights of Way, South Carolina Department of Transportation, 955 Park Street, Columbia, South Carolina 29202. If no Agreement and Request for Payment is received by the Condemnor within the thirty (30) day period, the tender is considered rejected. 14. If the tender is rejected, the Condemnor has the right to file this Condemnation Notice with the Clerk of Court of the County where the property is situated and deposit the tender amount with the Clerk. The Condemnor shall give the Landowner(s) and Other Condemnee(s) notice that it has done so and may then proceed to take possession of the property interests and exercise the rights described in this Condemnation Notice. 15. AN ACTION CHALLENGING THE CONDEMNOR'S RIGHT TO ACQUIRE THE PROPERTY AND RIGHTS DESCRIBED HEREIN MUST BE COMMENCED IN A SEPARATE PROCEEDING IN THE COURT OF COMMON PLEAS WITHIN THIRTY DAYS OF THIS CONDEMNATION NOTICE, OR THE LANDOWNER(S) WILL BE CONSIDERED TO HAVE WAIVED THE CHALLENGE. 16. THE CONDEMNOR HAS ELECTED NOT TO UTILIZE THE APPRAISAL PANEL PROCEDURE. Therefore, if the tender herein is rejected, the Condemnor shall notify the Clerk of Court and shall demand a trial to determine the amount of just compensation to be paid. A copy of that notice must be served on the Landowner(s). That notice shall state whether the Condemnor demands a trial by jury or by the Court without a jury. The Landowner(s) has the right to demand a trial by jury. The case may not be called for trial before sixty (60) days after the service of that notice, but it may thereafter be given priority for trial over other civil cases. The Clerk of Court shall give the Landowner(s) written notice by mail of the call of the case for trial. 17. THEREFORE, IF THE TENDER HEREIN IS REJECTED, THE LANDOWNER(S) IS ADVISED TO OBTAIN LEGAL COUNSEL AT ONCE, IF NOT ALREADY OBTAINED. 18. In the event the Landowner(s) accepts the amount tendered in this Notice, the attached Agreement and Request for Payment form should be signed and returned to the Condemnor within thirty (30) days of your receipt of this Notice. NOTICE OF MASTER - IN- EQUITY HEARING TO: THE LANDOWNER(S) AND OTHER CONDEMNEE(S) ABOVE-NAMED: YOU WILL PLEASE TAKE NOTICE that the Honorable Mikell R. Scarborough, Master-in-Equity for Charleston County has scheduled a hearing to be held on December 18, 2025 at 3:00 pm at 100 Broad Street, Courtroom 2A, Charleston, SC 29401. Pursuant to Rule 53, SCRCP, this matter was referred to the Master-in-Equity for the purpose of taking testimony and making a final decision as to fair market value and proper allocation of just compensation. PAGLIARINI LAW FIRM, LLC David G. Pagliarini, Esquire State Bar No. 8850 Julia Anne E. G. McKeachie, Esquire State Bar No. 106631 145 River Landing Drive, Ste 101-B Charleston, SC 29492 (843) 971-8646 david@lawplf.com julianne@lawplf.com ATTORNEYS FOR CONDEMNOR, SCDOT AD # 2101914

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