706 S.E.2d 501
S.C.2011Background
- Respondent Carolina Chloride, Inc. owns land at the southeast corner of Killian and Farrow Roads, abutted by Norfolk Southern railroad tracks parallel to Farrow Road.
- Respondent never had direct access to Farrow Road; it accessed Killian Road via a driveway to the right of the railroad tracks.
- In 2006, Norfolk Southern and SCDOT closed the Killian Road railroad grade crossing near Farrow Road, disrupting respondent's access to Farrow Road.
- After the closure, respondent must travel around the property to reach Farrow Road, altering the value and use of its land.
- Respondent filed an inverse condemnation action; the master granted summary judgment in respondent's favor, which SCDOT appealed.
- The Supreme Court reversed and remanded, addressing retroactivity of Hardin and the proper analysis of taking based on easements.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactive application of Hardin | Hardin should apply retroactively to reframe takings analysis. | Hardin applies prospectively, not retroactively. | Hardin applies retroactively; no, actually the Court held retroactively. |
| Whether summary judgment was proper given potential easement issues | Respondent had an easement for access to Farrow Road; taking occurred. | Genuine issues of material fact remain about easement and quantum of land; no taking as a matter of law. | Summary judgment improper; remand for factual development on easement and taking. |
Key Cases Cited
- City of Rock Hill v. Cothran, 40 S.E.2d 239 (1946) (special injury analysis for damages to road reconfiguration)
- Hardin v. S.C. Dep't of Transportation, 641 S.E.2d 437 (2007) (focus on easements; retroactivity discussed)
- Toth v. Square D Co., 377 S.E.2d 584 (1989) (retroactivity: new remedies vs. new rights)
- Marcum v. Bowden, 643 S.E.2d 85 (2007) (new tort liability; prospective application)
- Ludwick v. This Minute of Carolina, 337 S.E.2d 213 (1985) (retaliatory discharge recognizing new tort action)
- McCaskey v. Shaw, 368 S.E.2d 672 (1988) (negligent infliction of emotional distress; new cause of action)