Has the government recently approached you regarding their interest in your land here in Georgia? If so, they might be exercising their right to eminent domain, a power that allows them to take private property. The government is supposed to compensate you appropriately, but you may have to work with a Georgia eminent domain lawyer to get the results you want.
Let’s look closer into how the government uses eminent domain and how an attorney can assist with your situation.
What Does Eminent Domain Entail?
Under the Fifth Amendment of the US Constitution and Title 22 of the Georgia Code, the government has the power to acquire private property if it’s for public use. This is true regardless of whether the property has existing structures or not.
Some examples of when the government can exercise eminent domain include:
- The property is obstructing highway construction or utility works.
- A government building project needs part of the private property’s space.
The entire property might not be seized. It’s possible they only need a portion of the land or may only need it temporarily.
Both the Fifth Amendment and Title 22 state that the private property owner should also be compensated according to the land’s fair market value. Disputes may arise if the government doesn’t offer an appropriate amount or if it’s discovered that another private party is taking advantage of the property through the guise of eminent domain.
Can an Attorney Help Get a Fairer Settlement in an Eminent Domain Process?
Yes, an eminent domain attorney in Georgia can help you deal with the government parties involved. Together with an appraiser, they can help assess your property’s market value to determine whether the government’s offer is fair or not and negotiate further until you reach a more agreeable settlement.
The lawyer can also investigate whether the government has a valid reason for invoking eminent domain on your property. For example, a public official with a business might use eminent domain to build a commercial building for themselves.
What Type of Lawyer Should You Hire for an Eminent Domain Dispute?
It’s best to seek an attorney in Georgia specializing in eminent domain rather than another practice area. Part of their work is to stay updated on the state’s eminent domain laws so they can better understand how to proceed with your dispute with the government. Working with another type of lawyer who is likely not as knowledgeable on such matters can make it more difficult for you to reach a satisfactory settlement.