The Georgia Eminent Domain Process

Eminent domain can be a long process, but it doesn’t have to be difficult.

What to Expect in the Eminent Domain Process in Georgia

It can be upsetting, disruptive, and even intimidating to find out that the government is going to take your property. But, in most cases, it’s legal. And, by the time you are notified of the intended taking, the government has often already analyzed the impacts of the taking, and you are playing catch-up.

So, what do you do, as a property owner? Do you just go along and accept whatever the government offers? How long does it take for eminent domain takings to happen? What is the next step?

In order to protect your rights as a property owner, it is helpful to understand the process of eminent domain, as well as the eminent domain compensation process.



If the government is currently in the process of taking your property, don’t try to deal with it by yourself.

Contact us so an experienced attorney can guide you every step of the way.

What is eminent domain?

Eminent domain is the right of the government to take private property for public use. The action of taking the property under eminent domain is called “condemnation,” and the entity taking the property is the “condemning body” or “condemnor.” The Fifth Amendment states that if the government exercises this power, it must provide just compensation to the property owner. 

Georgia eminent domain laws can be found in Title 22 of Georgia Code. In 2006, the state legislature enacted a Landowner’s Bill of Rights and Private Property Protection Act (House Bill 1313), which requires the government, or entity taking the property, to notify the property owner in writing in advance of filing the petition and must give the owner a copy of their rights.

The Landowner’s Bill of Rights also requires that if eminent domain is used for redevelopment purposes, it must be for “public use” and further defines “public use” as specifically for roads or government use. 

GA Landowner's Bill of Rights defines public use as use of land by the public of government.

Find out how the Georgia Eminent Domain Law Firm may be able to help you

There are many ways an attorney can help you fight to protect your property rights in a Georgia eminent domain case. In addition to providing guidance and objectivity during each step of the process, a lawyer can also:

  • Explain your rights as a property owner
  • Navigate a complicated process
  • Negotiate with the government
  • Gather evidence to build your case
  • Work with appraisers, engineers, land planners, water flow experts, and surveyors
  • Fight for fair compensation

David Needham, our lead Georgia eminent domain attorney, has handled hundreds of eminent domain cases across the state of Georgia from the Blue Ridge Mountains to the Florida border, as well as in major cities, like Atlanta and Savannah, and smaller ones, like Moultrie.

Our team knows Georgia eminent domain law and is committed to trying to make sure that if the government takes your property, it is for legitimate public use and it pays you fair market value for it. And we understand that the expense of hiring a lawyer may feel overwhelming, so we work on a contingency fee basis. This means that there are no up-front costs, and if we don’t recover any additional compensation for your property above what the government has offered you, we don’t collect an attorney’s fee. 2

Call the Georgia Eminent Domain Law Firm today at 1-888-391-1339, and let us help you manage this process and try to maximize your compensation.

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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