If you do not accept the government’s compensation offer for your property, it will generally file a court action to move forward with the procedure to seize your property. This court action is a lawsuit, so technically, the government is suing you. 

At the same time that the government files the lawsuit, it will serve you notice of the lawsuit and deposit its offer of compensation with the clerk of the court in the county where your property is located. These funds are put in an escrow account for you, and the government has the right to take possession of your property.

Note: You will not lose the funds in the escrow account if you contest the condemnation in court.

The next step is an Order of Taking, or court hearing, in which the government presents its case and attempts to prove that the condemnation was for public use and that it offered you a fair price for your property. You also have the opportunity to contest this and present your case to the court.

If the court grants the government’s request, you will proceed to a new trial where the full compensation for your property is established. A skilled eminent domain attorney can help you fight for the highest possible compensation. 

Can the Trial’s Decision Be Appealed?

Either you or the government may have the right to appeal the trial’s compensation decision if you believe the court made a legal error. Appeals can extend the timeline of your case, but they also provide another opportunity to seek additional compensation if the original result fell short. An experienced eminent domain attorney can help you evaluate whether an appeal is the right next step for you.

For more information about the specific steps that occur when the government files a condemnation lawsuit and how our firm guides clients through the process, check out this Timeline of the Eminent Domain Process.

Before You Withdraw Deposited Funds, Read This

If the government deposits its offer with the court, you may be able to withdraw those funds before your case is complete. But you must follow the proper steps to do so, or you may lose your right to fight for a higher fair market value.

Because this process can affect your entire case, it’s important to talk with an eminent domain attorney before withdrawing any deposited funds.

In Georgia, you only have 30 days to respond after being notified of the government’s intended taking of your property. This is considerably shorter than in some other states, such as North Carolina, which usually gives property owners a year from the date they receive notice of the condemnation to let the court know that they disagree with the compensation offer.  

Call us at 1-888-391-1339 or contact us online for a free case evaluation as soon as you become aware that the government intends to take your property.

Georgia eminent domain law (Code 22-2-100) defines the entity with the power to take property as:

• The State of Georgia or any branch or any department, board, commission, agency, or authority of the executive branch of the government of the State of Georgia

• Any county or municipality of the State of Georgia

• Any housing authority with approval of the governing authority of the city or county, as laid out in Georgia Code Section 8-3-31.1
• Any other political subdivision of the State of Georgia which possesses the power of eminent domain
• All public utilities that possess the right or power of eminent domain

Usually, you cannot stop the government from taking your property for public use.

In the great majority of cases, property owners do not succeed in stopping the government from taking their property unless they can prove that the government’s taking does not meet the requirements of public use. Successful cases do occur, on occasion, but they are not common.

However, many property owners are successful in improving the government’s initial settlement offer. It is your right under Georgia law to be fairly compensated, and the Georgia Eminent Domain Law Firm can try to help you understand your rights as a property owner.  We will fight to protect those rights and try to get you as much compensation for your property as possible. 

We help our eminent domain clients fight for fair compensation for their property in many ways. Sometimes, this includes obtaining evaluations from environmentalists, surveyors, and engineers who are experienced at understanding the big-picture impact that a taking can have. And, we front these expenses in order to obtain an objective and fair valuation of your property.

As part of the eminent domain process, we also help clients pursue other types of compensation, including:

• Damages to your remaining property caused by the taking
• Fixtures and improvements to the property
• Relocation expenses

It has been our experience that the initial offer from the government may not always include compensation for these other relevant expenses.

Independent appraisals and how value is determined

Getting a fair outcome often starts with understanding how your property’s value is calculated. Appraisers typically rely on one of three approaches:

Comparable sales approach

This method looks at recent sales of similar properties in your area to estimate what your property is worth.

Income approach

Used mainly for income-producing properties, this approach considers how much money the property could generate for an investor.

Cost approach

This approach estimates what it would cost to replace the property, minus depreciation. It’s typically used only when the other two methods aren’t reliable, such as for unique or special-purpose properties.

When to get your own appraisal

You don’t have to rely solely on the government’s appraisal. Obtaining an independent appraisal can help ensure you’re getting a fair and accurate valuation, especially if you disagree with the government’s initial offer. In some cases, you may also be entitled to reimbursement for the cost of your own appraisal, depending on the circumstances of your case.

An experienced eminent domain attorney can help you decide when an independent appraisal makes sense and how you may be able to use it to strengthen your negotiating position.

You may generally withdraw deposited funds without waiving your right to seek more compensation, but withdrawing typically waives your ability to contest the government’s right to take (the public-use/necessity challenge). Speak with counsel before withdrawing to ensure you don’t waive your right to seek additional compensation.

Yes. In partial takings, you can seek severance damages for any measurable loss in value to the remainder caused by the project (e.g., access changes, parking loss, visibility). If the leftover portion is of little value, agencies may acquire the remnant as well.