Hilton Head Automotive, LLC v. So. Carolina Dept. of Transportation

In response to population growth and business development along U.S. Highway 278 in Beaufort County, the South Carolina Department of Transportation ("the Department") engaged experts for the purpose of streamlining the flow of traffic on that highway. The properties on the north side of Highway 278 agreed among themselves to share the cost of modifying and/or building private roads that would allow left turn access to all of their properties by way of the new median crossover.  The properties on the south side of the highway, however, were unable to reach such an agreement.  As a result, Appellant Hilton Head Automotive's (HHA) property—which is on the south side of the highway—lost its immediate left turn access to and from Highway 278.  Nonetheless, HHA retained direct right turn access to and from the eastbound lanes of Highway 278. HHA argued on appeal to the Supreme Court that the Department's reconfiguration of the median crossovers on U.S. Highway 278 was a taking because it deprived Appellant and its customers of the ability to enter or exit the highway by making a left turn.  Upon review of the applicable legal authority and the trial court record, the Supreme Court affirmed the decision of the circuit court granting summary judgment in favor of the Department of Transportation. View "Hilton Head Automotive, LLC v. So. Carolina Dept. of Transportation" on Justia Law