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· 8/15/2005

Cobb v. South Carolina Department of Transportation

Citations

  • 618 S.E.2d 299
  • 365 S.C. 360
  • 2005 S.C. LEXIS 241

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding the Act is applicable to the inverse condemnation right to a jury trial \[i]n light of the historical treatment of an inverse condemnation action as equivalent to an eminent domain case\
  • explaining that in an inverse condemnation case, the trial court will first determine whether a claim has been established, and then, the issue of compensation may be submitted to a jury at either party’s request
  • noting section 28-2-310 \provides in an eminent domain action a property owner or the condemnor may elect a jury trial on the issue of compensation\
  • “If an order deprives a party of a mode of trial to which that party is entitled as a matter of right, the order is immediately appealable and failure to do so forever bars appellate review.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Toal, Waller, Burnett, Pleicones

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.