Acquiring a property is a considerable investment and a source of pride for Georgia landowners. You value your property and believe no one can take it from you unless you decide to put it up for sale. While this is the case for most people, the government has the right to claim your land if they need it for public use—through the power of eminent domain in Georgia.
To protect your property rights, you must learn about the eminent domain process in Georgia and the best course of action to take. Here's what you need to know.
What Is Eminent Domain in Georgia?
Eminent domain refers to the power of the government to seize private property from its citizens for public use. Taking the property under eminent domain is called “land condemnation.” The Fifth Amendment to the U.S. Constitution says a condemning authority can only take private property if they need it for public use and if they provide fair compensation for landowners.
Unfortunately, the term “public use” can be vague, and property owners might find their lands condemned for unclear reasons. Landowners fight for their rights by working with experienced eminent domain attorneys in Georgia.
Stages of Eminent Domain in Georgia
The eminent domain process in Georgia follows the same general flow for all property owners, including the following steps:
- The government announces a project and the properties to be claimed for public use. They hold a public meeting, release statements, or contact landowners early in the project to inform them of the project plans.
- The government coordinates with an appraiser to determine your property's value.
- The condemning authority makes a monetary offer for your property based on the appraiser's recommendation.
- You accept the offer. Alternatively, you reject it and negotiate the property's value.
- If the offer is contested, special commissioners will review evidence to determine fair compensation. After the evaluation, they’ll select a new amount to be awarded to the landowner. The condemning authority or property owner can appeal the decision if either is unhappy with the value.
Can You Fight an Eminent Domain Case in Georgia?
While difficult, there are a few ways to challenge a condemnor's right to claim your property. The first is proving that your land is not necessary for public use and will not benefit the general public. However, this situation is uncommon, and the chances of success are rare.
Most property owners are more successful in requesting better compensation for their property. A condemning authority may make an initial lowball offer, so it's best to negotiate. An eminent domain lawyer can help property owners collect evidence to support their request for sufficient compensation.
Under Georgia law, property owners have the right to fair compensation. Working with expert eminent domain lawyers in Georgia can help property owners navigate this complicated process and receive the compensation they deserve. In addition to providing guidance, a Georgia eminent domain lawyer can help by:
- Analyzing the appraisal and identifying any errors.
- Negotiating on your behalf.
- Gathering evidence to build your case.
- Identifying damages or issues created by the taking of property.
- Working with appraisers, surveyors, or engineers to help determine property value.
If your property is at risk of being taken, remember you don’t have to face the situation alone. Eminent domain in Georgia is less intimidating with an experienced lawyer by your side. An eminent domain lawyer will fight for your rights and get the compensation you deserve.
