How Does Eminent Domain Litigation Work in Georgia?

A Q&A on eminent domain litigation

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Georgia Eminent Domain Litigation: What Property Owners Can Expect

The idea of the government taking your property is unsettling enough – adding the possibility of a courtroom battle can feel overwhelming.

While eminent domain is a serious legal matter, most cases never escalate to trial in Georgia. The vast majority are resolved through negotiation, with experienced attorneys advocating for full and fair compensation outside of the courtroom.

Don’t assume you’ll be dragged into a lengthy legal battle; instead, focus on securing strong representation to protect your interests from the start. It’s prudent to choose an eminent domain attorney who has courtroom litigation experience to fight for you.

Call us today at 1-888-534-5902 for a free case evaluation.

 

What is litigation in eminent domain cases?

Litigation refers to the legal process of resolving disputes through the court system. However, not all eminent domain litigation ends in a trial – most cases settle before ever reaching the courtroom.

Settlements often occur when one party presents compelling evidence, prompting the other to avoid the risk of an unfavorable judgment or a larger award at trial.

In eminent domain matters, the plaintiff is typically the condemning authority – such as GDOT, a city, county, or utility company – exercising the power of eminent domain to take property for public use. As the commercial or residential property owner, you would be the defendant, asserting your right to full and fair compensation under the law.

Is an eminent domain lawsuit really a lawsuit against you?

At the outset, no lawsuit has been filed. The condemning authority, such as GDOT, will first extend a monetary offer for the property it intends to take. If you accept, the transaction ends there.

But here’s where caution is critical: these offers are often far too low.

If you decline the offer because you feel it doesn’t reflect the true worth of your property – and in many cases, it doesn’t – GDOT will initiate a formal condemnation proceeding. While this is legally classified as a lawsuit, it’s a standard mechanism to transfer title and should not be misunderstood as an adversarial action.

Once that petition is filed and funds are deposited with the Court, GDOT gains immediate legal control of the property and can begin construction or development at once – regardless of whether you agree to the amount offered.

The law, however, allows you to challenge the fairness of the compensation offer. You and your attorney can seek additional funds – you may be owed substantially more than the initial offer!

And importantly, your attorney can help you follow the proper procedures to access the deposited funds without waiving your right to fight for a higher offer.

When should you challenge GDOT’s offer?

Here’s what our attorneys – including five who formerly represented a state DOT – want you to understand clearly: Initial offers from the Georgia Department of Transportation are usually too low.

Detour sign due to road construction in a residential neighborhood.
What may appear to be a routine valuation often fails to account for long-term impacts, including diminished access, future development limitations, or required relocation. Even a partial taking can severely restrict how the remainder of your property functions.

Beyond just the value of the land, you may be entitled to compensation for loss of parking or access and other types of damages – but these aren’t always included in the initial offer.

If you want full and fair compensation, contesting the initial offer is often necessary. But you don’t need to navigate this fight alone. Our team builds strong valuation cases, challenges lowball offers, and pursues every dollar the law allows.

Will your eminent domain case go to trial in Georgia?

In Georgia, whether or not your eminent domain case may go to trial partly depends on if you reach an agreement with the government on the compensation for your property. If you do not agree with the government’s offer, then the government will likely file a condemnation lawsuit with the Court to take your property.

But don’t worry if your case must go to trial: our experienced attorneys have helped many business and property owners successfully take on GDOT in the courtroom.1

Should you handle an eminent domain case alone? Think twice.

Without a skilled eminent domain attorney, you risk leaving substantial compensation on the table – or missing critical deadlines and rights altogether.

This is your chance to fight for just compensation. Make it count – with an advocate who knows how to win.1 Get your free case evaluation today.

What if you and GDOT can’t reach a deal?

If you and the government cannot agree on a valuation for your property, the case generally moves into formal litigation – a phase that requires strategy, precision, and legal knowledge.

This structured legal process can involve discovery, sworn testimony, expert analysis, and other courtroom procedures. The government may bring in appraisers, engineers, and other professionals to justify its position. You’ll want qualified land experts of your own to challenge them.

Eminent domain trials are complex, document-heavy, and legally technical. And one misstep can severely limit your compensation.

If you haven’t hired an eminent domain attorney and you’re facing litigation, the time to act is now. Your property rights — and financial future — are on the line. And yes, you can afford one!

Can you sue the government over an eminent domain taking?

Yes, if your property rights are violated or you’re not fully compensated, legal action is an option. However, in most cases, you don’t need to file a separate lawsuit to seek additional compensation. Once you reject the government’s initial offer, the eminent domain process itself gives you the legal right to challenge the valuation and demand more – through the court system, if necessary.

If the government takes your property without following formal condemnation procedures or offering compensation, that’s a different matter. This situation, known as inverse condemnation, gives you the right to sue for the value of what was taken. An experienced eminent domain attorney can help you enforce that right.

What will eminent domain litigation cost you?

Our eminent domain firm “fronts” the costs of eminent domain litigation for our clients. Why? Because we’re confident in our ability to secure more than the government’s initial offer. And if we’re able to obtain more than the government’s initial offer for your property, the fee you pay us will only come from that extra amount. The initial offer is always 100% yours to keep.2

We front all costs & guarantee you'll pay nothing if we don't get you more than the government's offer.

That’s not just a fee structure. It’s a statement of confidence in our ability to deliver results.

How long will an eminent domain case take?

There’s no fixed timeline for eminent domain case resolution – it depends on the facts, the strength of the evidence, and how the condemning authority responds. Some cases resolve in weeks. Others require a longer fight. Having an experienced eminent domain attorney on your side can also favorably impact the timeline.

If the government’s valuation is clearly flawed, we may be able to leverage that early to secure a higher offer quickly, without prolonged litigation. But when the gap between appraisals is wide, or the government refuses to budge, the process can take significantly more time.

Experienced legal counsel can significantly accelerate results. We understand how these agencies operate, who holds authority, and how to apply pressure strategically. That often leads to faster resolutions and better compensation.1

How an eminent domain attorney can help you in litigation

At our firm, we don’t just know the law — we know how condemning authorities often think. Several of our attorneys previously worked inside a state DOT. Now, we use that knowledge to help protect property owners and seek maximum compensation for them.

Here are some of the elements we rely on to build our clients’ cases:

  • Data-driven insights from a proprietary eminent domain database
  • A trusted network of land experts which includes engineers, planners, appraisers, and more
  • Insider knowledge of how the government operates
  • Proven litigation and negotiation results, backed by decades of combined experience1

Since our firm began, we’ve helped our clients increase their average initial offer by nearly triple.1

If your property is targeted for eminent domain, get answers and a free professional evaluation of your situation. Call a real person right now at 1-888-534-5902!

Get your free case evaluation

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.

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