Is the Government Trying to Take Your Home or Land?

You are not powerless. The government’s initial offer is the beginning of a negotiation, not the final word.

Discuss My Property's Offer

Georgia Residential Takings / Property Condemnation

When the government — whether it’s the Georgia Department of Transportation (GDOT), a utility company, or a local municipality — sends a notice that it intends to take your home or a piece of your property, your world can be turned upside down. The frustration is understandable. But you are not powerless.

You have rights under both the U.S. and Georgia Constitutions. The most important of these is the right to “just compensation.” The government’s first offer is rarely its last or best offer. In fact, it’s often just the beginning of a negotiation.

Key Takeaways – Georgia Residential Takings

Eminent domain is the government’s power to take private property for a public use, such as for road or utility projects.
Property owners have a constitutional right to receive “just compensation” when their land or home is taken by the government.
The government’s first compensation offer is a starting point and may not reflect the property’s true market value.
The legal process for a taking, known as condemnation, involves formal steps, appraisals, and negotiation.

Why Georgia homeowners choose the GA Eminent Domain Law Firm

When you’re facing the government, you need a team with the power and experience to level the playing field. Here is why property owners across Georgia trust us to fight for them:

We’ve nearly tripled our clients’ initial offers on average since our firm began¹.

The government’s first offer is just a starting point. Our track record proves that’s often the case. On average, we have secured nearly three times the initial offer for our clients since our firm began.¹ A United States Government Accountability Office study shows that those who don’t accept the government’s initial offer get significantly more for their property — we fight to get our clients even more.

Inside knowledge and exclusive focus

Eminent domain is all we do. Our team includes eminent domain attorneys who used to work for a state Department of Transportation, so we know the government’s playbook. We use that knowledge to build your case and counter their strategies from day one.

The power of a legal heavyweight

We have the resources to hire experts as needed and take on any condemning authority, big or small. They can’t intimidate us, and they know we are prepared for a fight.

Our No-Fee Guarantee.²

We front all case costs. From hiring appraisers to court filing fees, you pay nothing upfront. In fact, you pay no fee at all unless we get you more money than the government’s initial offer.²

Don’t settle for less than your property is worth. Put a powerful, experienced team on your side. Contact the GA Eminent Domain Law Firm today.

What is a residential taking in Georgia?

Eminent domain is the legal power that allows government entities to take private property for a designated “public use.” When this power is used to take a home, a portion of a yard, or land attached to a residential property, it is called a residential taking.

These takings can happen for many reasons, including:

Highway and Road Projects:Widening a state highway like I-75, expanding a local road, or creating new on-ramps and off-ramps can require the government to acquire residential properties that are in the way.
Utility Infrastructure:Utility companies may need to acquire an easement to run power lines, gas pipelines, or sewer and water mains across your property. While you may still own the land, its use and value can be severely impacted.
Public Buildings and Facilities:The construction of new schools, fire stations, parks, or public transit hubs like MARTA stations can necessitate the taking of nearby homes.
Urban Renewal and Redevelopment:A city or county may condemn properties in a designated area to clear the way for new development projects they believe will serve a public purpose.

No matter the reason, the result is the same: you are being forced to give up a part of your life and possibly your single greatest investment. The government has attorneys and appraisers working to protect its interests. You should too.

Issues Georgia homeowners face in an eminent domain taking

The government’s offer letter rarely tells the whole story. The true cost of a taking goes far beyond the simple market value of the land it wants. Our attorneys, several who once worked for a state DOT, know what to look for. Here are some of the critical issues you may be facing.

Relocation

If the property being taken from you means you have to move, the initial offer likely will not include relocation compensation. You may be entitled to it!

Condemnation

Condemnation is what the government is doing when it takes your property.

Inverse condemnation

Instead of officially taking your property, sometimes the government’s actions infringe on your property or your rights without ever actually condemning it.

Easements

An easement is essentially the right to use your land without taking it from you. You still own it, but its usefulness and value may be damaged.

Appraisals

An appraisal is a professional evaluation of the value of property. However, not all appraisers or appraisals are created equal.

The Georgia eminent domain process for homeowners

When you receive that first notice, the clock starts ticking. Understanding the steps is crucial, but navigating them with an experienced eminent domain attorney can be key to protecting your financial future.

Step 1

The Clock Starts

As soon as you receive notice that the government plans to take your property, it is time to consider your options. Even if the taking is years off, this is the time to find out what the effects will be on your residential property, because when the acquisition phase starts, it will move very quickly.

INSIDE TIP : This is often a beneficial time to contact a qualified lawyer. If they work on a contingency-fee basis (like us), you get an experienced advocate to analyze your case and speak on your behalf from day one, without paying anything upfront or by the hour.

Step 2

The Initial Offer

A government appraiser will give their opinion on the value of your property, and the government will make you an offer. These opinions can vary greatly, and GDOT is not required to share their appraisal with you, though an experienced eminent domain attorney may be able to get it. If you agree to the price they offer, you cannot negotiate for more.

INSIDE TIP: There is a way to collect this first offer without technically accepting it and ending your case. Our team can help you do this, and the money you collect is all yours to keep, no matter what happens in the negotiation.

Step 3

We Advocate for You

After the initial offer is deposited with the court, we file the necessary paperwork to declare your intent to fight for more. You can then withdraw that money while we begin building a powerful case to try to prove your property’s maximum value. We then negotiate on your behalf, leveraging the evidence we’ve built.

INSIDE TIP: Proving your property’s full value can be expensive. It often requires hiring additional experts. We are so confident in our work that we front all of these costs, and you pay nothing if we don’t get you more than the government’s initial offer. Guaranteed.²

Step 4

Get a Second Check?

If GDOT agrees to an offer that we believe justly compensates you for your losses, we’ll seek your authorization to settle the case. We then work to collect the additional funds on your behalf. In some instances, we may advise that it is in your best interest to proceed toward trial. This choice will always be yours.

INSIDE TIP: We only want a fee if we secure more money for you.² Any fee is a percentage of the additional money we get you, never the government’s initial offer.

Why you should question the government’s first offer

Accepting the government’s first offer is possibly the single biggest mistake a homeowner facing eminent domain can make. The offer is likely a starting point, not a final number. Consider the facts:

A study by one state’s legislature showed that people who declined their state DOT’s first offer received, on average, 85% more for their property.*
Our firm has a strong record of fighting for more than the initial offer. On average, since our firm began, we’ve recovered for our clients nearly 3x the amount the government first tried to pay them.¹

The government is not trying to be malicious; its goal is to acquire your property for as little as possible. Our goal is to fight for the “just and adequate compensation” guaranteed to you by the Georgia Constitution.

Frequently Asked Questions About Residential Takings in Georgia

Here are answers to some of the most common concerns we hear from homeowners facing eminent domain.

Can the government really force me to sell my house?

Unfortunately, in most cases, yes. The power of eminent domain is very strong. Challenges to the government’s “right to take” are rarely successful unless it can be proven that the taking is not for a legitimate “public use.” Instead, we recommend you focus on the compensation side of the equation — trying to ensure you are paid the maximum amount possible for your loss.

How can I protect my home from eminent domain?

What happens if the government's offer doesn't cover my mortgage?

This is a possible scenario, especially if you have little equity in your home. If the government’s offer is less than what you owe your mortgage lender, you could be forced to sell your home and still be in debt. It is critical to speak with an attorney before accepting an offer. We can fight to show the true value of your property, which may be significantly higher than the initial offer and potentially enough to satisfy your mortgage and provide you with funds to secure new housing.

How can you protect your land/house from eminent domain?

How long does the eminent domain process take?

The timeline varies. It can be short if you accept the first offer. The fight for just compensation can take several months or even longer. However, the good news is that once the government files for condemnation and deposits its initial offer with the court, you can often withdraw those funds immediately while your attorney continues to negotiate for more. Hiring a lawyer early in the process allows them to begin working to resolve your case right away.

Should I hire a lawyer for an eminent domain case?

The government has a team of professionals on its side, and an experienced eminent domain attorney can level the playing field for you. Our attorneys understand the complex laws, know the procedural traps to avoid, have access to a statewide network of experts, and are skilled negotiators and litigators. Our track record shows that we’ve recovered for our clients, on average, nearly three times their initial offers since our firm began.¹

The GA Eminent Domain Law Firm: Your fight is our fight

You don’t have to face the government alone. The GA Eminent Domain Law Firm has the focused knowledge of an exclusive eminent domain practice backed by deep resources and litigation power to handle complex cases. The government is moving forward with its project. It’s time for you to move forward with protecting your rights.

Contact the GA Eminent Domain Law Firm today at 1-888-391-1339 or through our online form for a free, confidential review of how the looming government taking may impact you!

Get a free case
evaluation today.

There are only a handful of attorneys in GA who practice eminent domain exclusively. And even fewer with DOT experience. That’s why it’s always worth it to get a free case evaluation.

Here’s how it works:

1) Tell us about your situation.

2) We research your property as needed, using DOT maps, our own technology, and experience to see the exact effects.

3) We let you know what we think a fair offer would be. This evaluation is free, and there’s no
pressure or obligation to hire us after.

But please don’t wait to act. Waiting can hurt your case, and the cost is the same: free.

1-888-391-1339

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