Purchasing property is a huge investment and a source of pride for Georgia residents and landowners. You value your property because it’s yours. It’s land that you own, and you believe that no one can take it away from you. While this is the case for most people, the government has the right to take your land if they need it for public use through the power of eminent domain in Georgia. In order to protect your property rights, you need to learn what the process of eminent domain is in Georgia and what your best course of action is.
Here are some of the basics of eminent domain in Georgia that you need to know:
What is Eminent Domain in Georgia?
Eminent domain is the power of the government to take private property from its citizens for public use. The action of taking property under eminent domain is called “land condemnation”. The fifth amendment is what allows the government to have this right, so long as they provide fair compensation to the landowners.
The term “public use” is, unfortunately, vague, and property owners may find their lands condemned for reasons that seem unclear. Landowners need to fight for their rights by working with experienced eminent domain attorneys in Georgia.
The Stages of Eminent Domain
The process of eminent domain in Georgia follows the same flow for all property owners and includes the following steps:
- The government announces a project and the properties that are to be claimed for public use. They hold a public meeting, release necessary statements, and contact landowners early in the project to make them aware of their plans.
- The government works with an appraiser to determine your property’s value.
- The condemning authority makes a monetary offer to you for your property based on the appraised value.
- You accept or reject the offer. In rejecting the offer, you negotiate the value of your property.
- If the offer is contested, special commissioners will review the evidence and determine fair and just compensation.
Can You Fight Eminent Domain in Georgia?
While it is difficult, there are a few ways to challenge and fight a condemnor’s right to take your property. The first is by proving that your land is not necessary for public use and will not benefit the general public with its new intended use. This situation, however, is uncommon and successful fights for the property owner are rare.
Most property owners find success in challenging the compensation for land being offered. A condemning authority might make a lowball initial offer, so it’s best to try to negotiate. An eminent domain lawyer, someone who knows the ins and outs of the laws in Georgia, is your best chance at receiving sufficient compensation.