Eminent Domain Attorneys In Georgia

We pledge to provide a free case review for any individual or business facing eminent domain or condemnation.

Eminent Domain And Condemnation Attorneys In Georgia

At Sever Walker Padgitt, our mission is to hold condemners, whether they be state, federal, local, or utility, accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner facing eminent domain or condemnation.

Don’t let fear keep you from getting what is rightfully yours. Our eminent domain attorneys in Atlanta and the entire state of Georgia can support you in your fight to get full compensation and fair treatment in your eminent domain case.

What is Eminent Domain Law In Georgia?

Under the Georgia Code, eminent domain is the right of the state to take any land—even privately owned properties—for the public’s benefit. Besides the state and its government, others can acquire your land, including federal authorities, utility companies, and development commissions.

What Are Your Property Rights As A Georgia Landowner?

Following the controversial Supreme Court decision in Kelo v. City of New London, Georgia enacted the Landowner’s Bill of Rights and Property Protection Act in 2006 to widen the protection for private property owners concerning eminent domain.

The bill outlines the rules and processes that condemning authorities must follow before taking privately held property. It requires condemners to supply an appraisal or appraisal summary to the landowner prior to negotiations. They must also allow the landowner to be present during the appraisal inspection of the property.

Other important legal precedents that affect property owners and eminent domain in Georgia include:

  • Evans v. Department of Transportation (1998) 
  • Fulton County v. Dangerfield (1975)
  • City of Marietta v Summerour (2017)

These and other procedures protect Georgia landowners from one-sided negotiations favoring condemners, potentially leading to eminent domain abuse. If your property is under threat, it’s best to consult an Atlanta and/or Georgia eminent domain attorney familiar with condemnation.

Eminent Domain Laws In Georgia

In Georgia, like most other states, the right to exercise eminent domain should only be for a public purpose and not for private gain or use.

The “public purpose” is categorized into public use and public benefit. The former doesn’t necessarily mean the general public can use the land but rather that it is used for a public service, such as a pipeline or wastewater treatment plant. A public benefit would confer a benefit to the community as a whole, and examples of public benefit projects would be parks, trails, and roadways.

A landowner may challenge what constitutes the public purpose; however, contesting a project’s public use can be difficult if a governing body has already deemed it as such. What you can do instead is to question the condemner’s actions in the lead up to the condemnation—did they strictly adhere to procedures such as offering just and adequate compensation?

If they fail to follow the established protocols, you can pursue legal action with the help of an experienced eminent domain attorney in Georgia.

Condemnation Litigation Process In Georgia

  • Notice: The government places a sign on the property and serves the owner with notice of a public meeting to consider the condemnation. The notice must include the owner’s rights, such as the right to a hearing, damages, and appeal. 
  • Determination: The court determines if the condemnation is for public use and if the government has the authority to condemn.
  • Offer: The government determines the value of the property and makes an offer to the owner. 
  • Negotiation: If the owner doesn’t accept the offer, they can negotiate with the government. 
  • Litigation: If the owner refuses to sell, the government can initiate litigation to condemn the property. The court will decide if the government can take the property and how much the owner should be paid. 

The average length of an eminent domain case that requires litigation is 12–18 months.

When Do You Need An Eminent Domain Attorney In Georgia?

Receiving a condemnation notice can be intimidating to property owners, especially if they have lived on the land for years or run a business there. While you can handle the case yourself, the chances of favorable results are often slim.

Eminent domain laws are complex and nuanced; one misstep can adversely impact your compensation claim. Moreover, they bank on the idea that property owners do not understand how much settlement they’re entitled to or know their legal rights, or that they are unfamiliar with the entire process.

But if you retain an attorney who is well-versed in eminent domain and condemnation, you will not be at a disadvantage during negotiations and can push back.

Case Results

State: Georgia (Walton County)

Case Type: Road projects

Initial Offer: $44,800

Sever Walker Padgitt Result:

$120,000

State: Georgia (Walton County)

Case Type: Road projects

Initial Offer: $39,400

Sever Walker Padgitt Result:

$88,250

State: Georgia (Union County)

Case Type: Road projects

Initial Offer: $454,250

Sever Walker Padgitt Result:

$1,500,000

State: Georgia (Newton County)

Case Type: Road projects

Initial Offer: $179,700

Sever Walker Padgitt Result:

$345,000

State: Georgia (Newton County)

Case Type: Road projects

Initial Offer: $17,900

Sever Walker Padgitt Result:

$47,000

State: Georgia (Newton County)

Case Type: Road projects

Initial Offer: $128,700

Sever Walker Padgitt Result:

$534,985

View All Case Results

Frequently Asked Questions

If you refuse to negotiate with the government in an eminent domain case in Georgia, the government will file a lawsuit to condemn your property and attempt to prove that the condemnation was for public use and that it offered you a fair price.

Yes, in Georgia, compensation for business owners in eminent domain cases can be different from that of homeowners because business owners may be able to claim additional compensation for lost business income.

Yes, in some cases, landowners in Georgia may be entitled to recover reasonable attorney fees and other litigation costs associated with eminent domain. Consulting with an eminent domain attorney in Georgia can clarify whether you qualify for such recoveries in your specific situation. 

At Sever Walker Padgitt, we provide free case reviews for businesses and residents facing condemnation. Contact our office to schedule a consultation.

What Is Eminent Domain Law In Georgia?

Eminent domain is the power of the government to take or use private land for a public benefit, such as a highway or electrical transmission line. The acquisition process is called condemnation. Georgia law includes myriad rules and precedents used to fight for a favorable outcome.

You are entitled to fair compensation during condemnation, but government workers often do not initially quote a fair price to landowners. In addition, they may retain the services of experts and highly paid attorneys to represent their side of the case.

While it is possible to stop this from happening, and Sever Walker Padgitt has a track record of doing exactly that, those situations are rare and require an intensive analysis of both facts and the law. If a condemnor does not follow the condemnation law, you may argue about stopping the taking.

If the condemnor does follow the law, your best bet is to focus your attention on getting the right amount of compensation.

The government must provide just compensation in exchange for the taking of any land. So what is considered to be “just?” 

Unfortunately, condemnors do not always operate with the landowners’ concerns in mind and will often issue low-ball offers, with the threat of eminent domain as a cudgel, to unsuspecting landowners.

With the help of an attorney, you can fight for the compensation you are entitled to under the law.

As with any move, relocating a business or home can be very costly. The government is required to provide adequate relocation compensation to cover these expenses—but many landowners get the short end of the deal.

Hiring the right attorney will increase the likelihood of your being treated fairly and receiving the relocation benefits you deserve.

Some cases can take just a few months to resolve, while other cases may be drawn out for 12-18 months or more. Many factors influence the timeline, but the biggest driver of the length of a case is the difference in negotiating positions between the parties. 

No. We recommend landowners reject the first offer of compensation and immediately contact an experienced attorney for advice. Too many landowners get intimidated or pressured into accepting the first offer. These landowners could be forfeiting thousands of dollars.

When you receive your first offer of compensation, contact an experienced eminent domain attorney. Our firm does not charge landowners for offer reviews, and we will be happy to promptly review your offer and/or appraisal for free.

Many condemnors use the words “condemnation” as a cudgel or hammer in their negotiations with landowners. They do this because they know that landowners are intimidated by the connotations associated with that term. 

In reality, if a landowner is appropriately represented and has a real shot at more compensation, this doesn’t have to be scary. Unlike pre-condemnation negotiations, your compensation is not determined by the condemnor. It is Georgia law that a landowner is entitled to a jury trial in eminent domain proceedings.

This means that if your case reaches trial, a jury of citizens in your county will determine what you are entitled to. This procedure is governed by the Georgia Code. Any condemnor must follow certain procedures and rules before and during the condemnation of your property. 

Below is a link to the Georgia statutes for your perusal.

Meet Our Team

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At Sever Walker Padgitt, we pride ourselves on our team’s expertise and dedication. Get to know the faces behind the firm and discover the depth of knowledge and commitment that drives us to achieve the best possible outcomes for you.

Let Sever Walker Padgitt Help You

When you need an eminent domain attorney in Georgia, turn to Sever Walker Padgitt. They have extensive experience handling eminent domain cases in Georgia, helping you protect your rights and receive fair compensation for your property.

Schedule an initial appointment, or browse our FAQ page for more information.

Alpharetta, Georgia Office

Address

8911 N. Capital of Texas
650 Alpharetta, GA 30004

Phone

(404) 689-5010 (Office Phone)
(470) 869-1383 (Direct)
(888) 318-3761 (Toll Free)
(317) 575-9943 (Fax)

Email

jordan@landownerattorneys.com

Contact Us

Before you go up against the government or utility alone, let us give you our opinion. We pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation. Contact us now at 888-318-3761.

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