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If GDOT is coming for your property, what they take could have a huge impact on your home or business. What is so important that they have to take your property?
The law has the answer. In Georgia, the statute states that “The right of eminent domain is the right of the state to reassert, either temporarily or permanently, its dominion over any portion of the soil of the state on account of public exigency and for the public good.”
In other words, the state is exercising, or allowing another entity to exercise, its power over property for the good of the general public. Here are some examples of projects that typically fall under the umbrella of eminent domain:
- Road projects (widening, construction, and other improvements like sidewalks, bike lanes, and turning lanes to name a few)
- Stormwater and drainage control
- Sewer systems
- Electric, water, or data supply line, or other public utility installation
- Libraries
- Police/fire stations
- Public parks
- Airports
- Water treatment facilities
- Military bases/defense buildings
GDOT plans to take your property under eminent domain – Now what?
Eminent domain is a tricky, detail-oriented area of law. As such, it is very possible to make many mistakes when deciding your next move in the face of a condemnation action. In our experience, you should almost always seek the help of a seasoned eminent domain attorney.
In addition, there are a few things that you absolutely should NOT do when facing an eminent domain taking:
1. DON’T share more information than necessary with the government
While appraisers and right-of-way agents are often friendly and personable, they will not hesitate to use your words against you. It is better to play it safe by giving them as little information as possible; you don’t want to inadvertently reinforce their opinion of the value of your property or the compensation you are entitled to, especially if you do not agree with it.
Offhand comments can hurt you. Claiming damages that aren’t compensable can hurt you. In all likelihood, the agents of the condemning authority should have access to all the information they need without your help. So help your case by not saying much.
2. DON’T tell the government how much you think your property is worth or how much damage the taking is causing
Again, if you speak too soon and undervalue your property, the government could use these statements against you to support a lower offer. Or, if you say a number that is too high, the government could try to use these statements against you later by arguing you don’t have a true idea of your property’s value.
It’s best to refrain from throwing out numbers and enlist the help of an experienced eminent domain attorney instead. We know what damages are compensable and how to determine fair compensation for the land you’re losing – and the damage to what remains behind.
3. DON’T assume the plans will show everything
Even if you have the plans in front of you, they may not be entirely clear, and they may not drive home the real changes to the property. It may be very difficult to tell, for example, whether a proposed slope change will result in a 6-inch drop or a 6-foot drop on your property.
On top of that, the government is entitled to change how it uses the land. In fact, that will likely change several times throughout the course of the project.
4. DON’T hire an appraiser without eminent domain experience
This is an area where an attorney is very helpful, and going it alone may have the exact opposite effect. An eminent domain appraisal is a very different animal than a typical appraisal.
An appraisal is a form of evidence. The true value of your property depends on several factors. An appraisal that focuses on the wrong factors may be inadmissible and do far more harm than good. Eminent domain attorneys know what kind of appraisal is needed and who to contact for the work. Don’t throw money away by hiring the wrong person!
5. DON’T accept the government’s initial offer
Don’t be afraid to play a little hardball. While it is possible that the initial offer is fair, it is often the case that you can get much more. In fact, one study by a state legislature showed that property owners who did not accept the initial condemnation deposit ended up getting, on average, 85% more for their property.*
It helps to understand that the government or condemning authority is just like any other buyer in one key way: they want to get your property for as little as possible. So how do you know when it’s a fair offer? Our eminent domain attorneys can provide you with a free case evaluation to help you assess whether the offer is adequate.
6. DON’T wait to seek the help of an experienced eminent domain attorney
When it comes to pursuing these cases, the sooner the better. Some owners wait to take action until after the government has made an offer – or worse, until after the government has filed a lawsuit. Don’t wait. It doesn’t cost you any more to hire us as soon as possible – and if we don’t increase your offer, you owe us nothing at all.2
Graphic: No fee guarantee
We encourage you to contact an experienced eminent domain attorney as soon as you are aware of a project that may impact your property to try to receive the maximum compensation you may be entitled to. Since our firm began, we’ve helped our clients get on average nearly 3x more than their initial offers for their property.1
Contact us now for a free evaluation of your case
You may not be able to stop the government from taking your land, but you should be compensated in full for it. We can help you fight for maximum compensation. Call 1-888-391-1339 or contact us online today to see what your property may really be worth.
*Source: NC Legislature (2015), House Bill 127: DOT Condemnation Changes – Fiscal Analysis Memorandum (Section 2). Fiscal Research Division. Each case is different and must be evaluated separately. Prior results do not guarantee a similar outcome.
