Rick Bybee
Overview
Through his 40 + years of experience and significant trials, Rick Bybee has established himself as one of the state’s preeminent condemnation attorney handling cases for private and public entities. Rick has tried over thirty-five trials to verdict in condemnation and complex cases for landowners and public entities, such as the SC DOT, the City of North Charleston, and Central Electric Power Cooperative, Inc.
Examples of his advocacy include:
• Representation of the Georgia Department of Transportation in a successful challenge to Jasper County’s attempt to take its property for a private port;
• Representation of Southern Lumber and Millwork Corporation in a takings case brought by the South Carolina Department of Transportation for the Port Access Road which included one of the largest relocation claims ever paid in the State of South Carolina;
• A $5.4 million dollar verdict for landowners in an advanced taking of entitled property for the I 526 by the SCDOT;
• A successful verdict in the only South Carolina reported case granting compensation for the temporary taking of access to a landowner;
• And a successful inverse condemnation verdict for damages to residential homes arising from operations of a waste water treatment plant in Timmonsville, SC.
Rick began his legal career in 1977 at the South Carolina Attorney General’s Office, where he practiced until 1983. He then served six years as Deputy Chief Counsel for the South Carolina Department of Highways and Public Transportation. During that time he was responsible for condemnation and contract litigation throughout the state. His primary regional responsibility for eminent domain cases was in Charleston County where he handled cases for major road projects like I-256, the Isle of Palms Connector and the James Island Expressway.
In 1989 Rick joined the firm of Smith and Bundy, which evolved into the firm of Smith, Bundy, Bybee and Barnett. Rick handled civil litigation, including construction and condemnation cases for private and public entities, until 2016, when that firm dissolved. In late 2016, Mr. Bybee started his firm, the Law Office of Richard D. Bybee, LLC, continuing his representation of landowners and government entities in the fields of eminent domain, zoning and land use and general civil trial work.
Education
Furman University, B.A., 1974
University of South Carolina, J.D., 1976
Bar Admissions
South Carolina
U.S. District Court, District of South Carolina
U.S. Fourth Circuit Court of Appeals
United States Supreme Court
Memberships
The South Carolina Bar
The Federal Bar with admissions in United States District Courts of South Carolina, 4th Circuit and US Supreme Court
Charleston County Bar Association
The Ninth Circuit Panel of Fee Disputes Board
The International Right of Way Association
ABA’s Eminent Domain Conferences
Stella Maris Catholic Church
Ninth Circuit Panel of Resolution of Fee Disputes Board
Member International Right of Way Association
Owners Counsel of America Member
Recognitions & Honors
Martindale Hubbel, AV Preeminent, Peer Review Rated (1990-2024)
Best Lawyers Lawyer of the Year for Eminent Domain and Condemnation Law Charleston, SC (2023)
Representative Matters
Frampton v SCDOT, 406 S.C. 377, 752 S.E.2d 269 (S.C.Ct.App. 2013)
Hilton Head Auto., LLC v. S.C. Dep’t of Transp., 394 S.C. 27, 30, 714 S.E.2d 308, 310 (2011).
South Carolina Dept. of Transp. v. M & T Enterprises of Mt. Pleasant, LLC, 379 S.C. 645, 667 S.E.2d 7 (Ct.App. 2008)
Okatie Hotel Group, LLC v. Amerisure Ins. Co., 2006 WL 91577, (D.S.C. Jan 13, 2006).
Georgia Dept. of Transp. v. Jasper County, 586 S.E.2d 853, (S.C. Sep 15, 2003).
South Carolina Dept. of Highways and Public Transp. v. E.S.I. Investments, 505 S.E.2d 593, (S.C. Sep 14, 1998).
Bob Hammond Const. Co., Inc. v. Banks Const. Co., 440 S.E.2d 890, (S.C.App. Jan 24, 1994).
Gray v. South Carolina Dept. of Highways and Public Transp., 427 S.E.2d 899, (S.C.App. Oct 05, 1992).
Stevenson v. U.S., 960 F.2d 147, (4th Cir.(S.C.) Apr 21, 1992).
Manning v. South Carolina Dept. of Highway and Public Transp., 914 F.2d 44, (4th Cir.(S.C.) Sep 12, 1990).
“…This land has been condemned from New Orleans to Jerusalem…”
-Bob Dylan “Blind Willie McTell”
Rick Bybee
Overview
Through his 40 + years of experience and significant trials, Rick Bybee has established himself as one of the state’s preeminent condemnation attorney handling cases for private and public entities. Rick has tried over thirty-five trials to verdict in condemnation and complex cases for landowners and public entities, such as the SC DOT, the City of North Charleston, and Central Electric Power Cooperative, Inc.
Examples of his advocacy include:
• Representation of the Georgia Department of Transportation in a successful challenge to Jasper County’s attempt to take its property for a private port;
• Representation of Southern Lumber and Millwork Corporation in a takings case brought by the South Carolina Department of Transportation for the Port Access Road which included one of the largest relocation claims ever paid in the State of South Carolina;
• A $5.4 million dollar verdict for landowners in an advanced taking of entitled property for the I 526 by the SCDOT;
• A successful verdict in the only South Carolina reported case granting compensation for the temporary taking of access to a landowner;
• And a successful inverse condemnation verdict for damages to residential homes arising from operations of a waste water treatment plant in Timmonsville, SC.
Rick began his legal career in 1977 at the South Carolina Attorney General’s Office, where he practiced until 1983. He then served six years as Deputy Chief Counsel for the South Carolina Department of Highways and Public Transportation. During that time he was responsible for condemnation and contract litigation throughout the state. His primary regional responsibility for eminent domain cases was in Charleston County where he handled cases for major road projects like I-256, the Isle of Palms Connector and the James Island Expressway.
In 1989 Rick joined the firm of Smith and Bundy, which evolved into the firm of Smith, Bundy, Bybee and Barnett. Rick handled civil litigation, including construction and condemnation cases for private and public entities, until 2016, when that firm dissolved. In late 2016, Mr. Bybee started his firm, the Law Office of Richard D. Bybee, LLC, continuing his representation of landowners and government entities in the fields of eminent domain, zoning and land use and general civil trial work.
Education
Furman University, B.A., 1974
University of South Carolina, J.D., 1976
Bar Admissions
South Carolina
U.S. District Court, District of South Carolina
U.S. Fourth Circuit Court of Appeals
United States Supreme Court
Memberships
The South Carolina Bar
The Federal Bar with admissions in United States District Courts of South Carolina, 4th Circuit and US Supreme Court
Charleston County Bar Association
The Ninth Circuit Panel of Fee Disputes Board
The International Right of Way Association
ABA’s Eminent Domain Conferences
Stella Maris Catholic Church
Ninth Circuit Panel of Resolution of Fee Disputes Board
Member International Right of Way Association
Owners Counsel of America Member
Recognitions & Honors
Martindale Hubbel, AV Preeminent, Peer Review Rated (1990-2024)
Best Lawyers Lawyer of the Year for Eminent Domain and Condemnation Law Charleston, SC (2023)
Representative Matters
Frampton v SCDOT, 406 S.C. 377, 752 S.E.2d 269 (S.C.Ct.App. 2013)
Hilton Head Auto., LLC v. S.C. Dep’t of Transp., 394 S.C. 27, 30, 714 S.E.2d 308, 310 (2011).
South Carolina Dept. of Transp. v. M & T Enterprises of Mt. Pleasant, LLC, 379 S.C. 645, 667 S.E.2d 7 (Ct.App. 2008)
Okatie Hotel Group, LLC v. Amerisure Ins. Co., 2006 WL 91577, (D.S.C. Jan 13, 2006).
Georgia Dept. of Transp. v. Jasper County, 586 S.E.2d 853, (S.C. Sep 15, 2003).
South Carolina Dept. of Highways and Public Transp. v. E.S.I. Investments, 505 S.E.2d 593, (S.C. Sep 14, 1998).
Bob Hammond Const. Co., Inc. v. Banks Const. Co., 440 S.E.2d 890, (S.C.App. Jan 24, 1994).
Gray v. South Carolina Dept. of Highways and Public Transp., 427 S.E.2d 899, (S.C.App. Oct 05, 1992).
Stevenson v. U.S., 960 F.2d 147, (4th Cir.(S.C.) Apr 21, 1992).
Manning v. South Carolina Dept. of Highway and Public Transp., 914 F.2d 44, (4th Cir.(S.C.) Sep 12, 1990).