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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
Eminent Domain Law Attorneys in Georgia
At Sever Storey, our mission is to hold condemners, whether they be state, federal, local, utility, or other accountable to the landowners whose land they are acquiring. Our entire firm is built around serving you, the landowner who is facing eminent domain or condemnation.
Don’t fight eminent domain alone. Contact us today to get answers to your questions and support in a perilous time. Our experienced attorneys are here to help you get the justice you deserve.
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What is Eminent Domain Law in Georgia?
Eminent domain in Georgia is defined as the right of the government, or other condemnor, to seize private land for a public use. This right can be exercised at any level of government-- including local, state, and federal--and in some instances can be used by private entities (such as utility companies). When the entity exercises this right, the procedure by which the property is acquired is referred to as condemnation. Consequently, an entity exercising eminent domain authority is referred to as a “condemnor.”
What Should Landowners Do After Receiving an Eminent Domain Notice in Georgia?
It’s certainly very jarring to receive a notice of eminent domain in Georgia—but please know that there are experts available to help you through this confusing process. The condemnor has likely been planning the project and the taking of your land for years; swift action is vital to securing the best possible result.
Stopping an acquisition altogether is very difficult and generally requires that the condemnor violate the law in its pre-condemnation acquisition process. Getting the right amount of compensation, however, is a more “winnable” battle. A landowner that adheres to the following steps will best position themselves for success during eminent domain:
1. Hire an Eminent Domain Attorney in Georgia
The most important step to take when first receiving an offer of compensation from the condemnor is to consult with a professional eminent domain attorney. A qualified and experienced eminent domain attorney in Georgia will be able to properly evaluate your offer from the condemnor and formulate a strategy based on the nuances of the property and the case. An eminent domain attorney can advise on whether the case is one best handled pre-suit or during litigation.
2. Get Educated on Landowner Rights
Consult with your eminent domain attorney to learn more about landowner rights in Georgia. Though you may feel powerless, there are several key rights you have that allow you to stand up to the government and earn greater compensation, or—in rare cases—stop the process completely.
3. Negotiate with the Help of Your Attorney
Luckily, your attorney will be there to negotiate, deliberate, and drive litigation as needed. You may have many questions as you go through this process, and your lawyer will bear the load as you learn about all possible outcomes.
4. Resolve the Case
All eminent domain cases eventually resolve but the real questions are when do they resolve and for how much? Knowing when to strike and when to hold is an important part of the eminent domain process. Some cases can be concluded in a couple months; whereas others may require a year or more. A qualified eminent domain attorney should be able to efficiently drive the case forward while also being able to recognize when resolution should occur.
What Are the Limits of Eminent Domain in Georgia
A condemnor must operate under certain restrictions and limitations when exercising eminent domain authority in Georgia. Here are four factors that limit the power of eminent domain:
- Public Use: The property to be acquired must be taken for a dedicated and defined “public use” (e.g. roads, libraries, railroads, parks, etc.)
- Just Compensation: The landowner is entitled to “just compensation” for the acquisition of his or her property.
- Negotiation: The landowner is entitled to a good faith, bona fide offer of compensation from the condemnor prior to condemnation. The landowner is entitled to reject this offer.
- Notice of Condemnation: If the matter reaches condemnation (litigation), the landowner is entitled to service and notice of the lawsuit.
How Sever Storey Can Help You
Sever Storey is ready to help you fight for your rights. As experienced condemnation and eminent domain attorneys in Georgia, we’ve assisted countless landowners across the state as they face off against condemnors.
Our legal advice will give you reassurance and confidence in a time of uncertainty. We make it our mission to provide every client with the full compensation they deserve, whether the condemnation is large or small.
The government doesn’t usually consider all of the harm done to landowners in the process of eminent domain, but we will use our experience to get the best possible deal.
If you have received an offer of compensation, or believe you will be affected by eminent domain in the near future, call Jordan Walker at 1-888-318-3761 or email him at jordan@landownerattorneys.com. We do not charge or bill landowners for case reviews.
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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