ANDERSON, SC (WSPA) – A family is taking legal action against the City of Anderson after sewer construction project began on their 40 acre property.
Tonya Winbush says the city did not get their permission and is now using eminent domain to push forward.
The city attorney said the city did offer to pay for the land and reach an agreement before construction started, but the family did not accept their offers so they moved forward using eminent domain.
In a hearing on Thursday, the Judge R. Lawton McIntosh says he will make a written decision on the motion at a later date.
The city attorney said the family had 30 days to file a right to challenge and they didn’t.
The family said they were dealing with the death of their father and should be given more time.
The city said the project was to comply with the EPA regulation and that meets the claim for ‘public good’.
The family attorney argued that the city is actually building this to aid development on the other side of The East West Parkway and that doesn’t meet the imminent domain law requirements.
The city attorney says news agencies are putting out misinformation about the family’s claims that this is the 3rd time the city has encroached on their land.
The city attorney says this is the first project and they were not involved in the other projects.
Judge McIntosh said his job is to rule on the statute and if the time frames were met, not to the emotional side of if it’s right for the city to take the land.
The judge issued an injunction against the Winbush family and others from coming within 100 yards of the work zone.
The city attorney claims social media and interference from family members are becoming dangerous.
Workers claim family members are harassing them at the site and on social media.
The judge was also concerned for family’s safety from construction as well. The injunction is for only when construction is going on.