Annie Mary Timmons, Appellant v. the South Carolina Tricentennial Commission and Daniel R. McLeod, as Attorney…

Summary

The South Carolina Supreme Court affirmed both a declaratory/injunction judgment upholding the Tricentennial Commission's power to condemn a landowner's property for a historical exhibit center and park, and a jury verdict awarding her $325,000 in the condemnation proceeding. The court, adopting Judge Grimball's order as its opinion, held the taking was reasonably necessary, permanent, and for a public use; that the enabling legislation was not unconstitutional special legislation; and that due process and equal protection were satisfied. In the condemnation appeal, the court found no abuse of discretion in denying a continuance or in evidentiary rulings.