Eminent Domain Attorneys – Georgia

It is our pledge that we will provide a free case review for any individual or business facing eminent domain or condemnation.

Experienced Eminent Domain Attorneys In Georgia

Georgia is an excellent place to live with its year-round warm weather, numerous outdoor activities, friendly residents, and affordable housing. However, life in the Peach State may turn sour when you find out your home has been condemned. Having an eminent domain attorney in Georgia on your side is invaluable when confronted with this problem.

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 municipal government, others can acquire your land, including federal authorities, utility companies, and private entities.

What Are Your Property Rights As A Georgia Landowner?

Following the controversial decision on Kelo v. City of New London, Georgia enacted the Landowner’s Bill of Rights 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 negotiate with the landowner. They must also allow the landowner or their agent to participate in the evaluation, estimate just compensation, and offer to acquire the property for the full amount.

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 eminent domain attorney in Georgia.

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 power plant or rail yard. However, public benefit offers necessity, convenience, or welfare to the community.

A landowner may challenge what constitutes the public purpose; however, the courts rarely intervene when defining a condemnation’s public use or benefit. What you can do instead is to question the condemner’s actions—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.

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 long or run a business on the affected land. 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, know their legal rights, or are unfamiliar with the entire process.

But if you retain an attorney 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

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.” Eminent domain law in Georgia includes the 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.

Eminent domain, in practice, is not necessarily about stopping an acquisition as much as it is about getting the right compensation for the acquisition. While it is possible to stop a taking, 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 condemnation law, you may have an argument for stopping the taking. If the condemnor does follow the law, your likely best bet is to focus your attention on getting the right amount of compensation for what the acquisition is doing to the property.

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 allow you to increase the likelihood of being treated fairly and receiving the relocation benefits you deserve.

Some eminent domain cases can take just a few months to resolve, while other cases may draw out for 12-18 months or more. There are many factors that influence the timeline of eminent domain cases in Georgia, but the biggest driver of length of a case is the difference in negotiating positions between the parties. For example, a case where the parties are only $2,000 apart will be resolved much quicker than one where the parties are $2,000,000 apart. A qualified experienced eminent domain attorney will matriculate the case at a brisk pace while also keeping an eye toward the right resolution.

No. As a matter of principle, we recommend landowners reject condemnor’s first offer of compensation and immediately contact an experienced attorney for advice on that offer. Way too often landowners get intimidated or pressured into accepting the first offer of compensation. These landowners are possibly forfeiting thousands of dollars out of ignorance, fear, or both.

The absolute first thing you should do as a landowner when you receive your first offer of compensation is to 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. All you have to do is call Jordan at 1-888-318-3761 or email him at jordan@landownerattorneys.com.

As long as you are represented by experienced, knowledgeable counsel and have a plan of attack against the condemnor, you should welcome eminent domain with open arms. Many condemnors use the words “eminent domain” or “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 those terms. In reality, if a landowner is appropriately represented and has a real shot at more compensation, they should be thrilled that the condemnor is choosing eminent domain to resolve the matter.

Unlike pre-condemnation negotiations, your compensation no longer is determined by the condemnor but ultimately it is left in the hands of your peers. It is the law in Georgia that a landowner is entitled to a jury trial in eminent domain proceedings—meaning if your case reaches trial, a jury of citizens in your county will determine what you are entitled to. Condemnors hate this. As a landowner, you should welcome it.

Eminent domain 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 eminent domain statutes for your perusal. If you have any questions about eminent domain procedure please feel free to call at 888-318-3761 or email me at jordan@landownerattorneys.com.

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At Sever Walker Padgitt, we pride ourselves on the expertise and dedication of our team. 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 prospect 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 going alone against the State let us give you our opinion. It is our 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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