Strategies for Negotiating for Your Church Property: What’s the Highest Possible Compensation?

As the caretaker of a church property in Georgia, facing eminent domain can be daunting. Your church and grounds represent more than simple land – they are a place of worship, community activity, and more. When the government exercises its power of eminent domain, it’s crucial to ensure you receive just compensation for your property.

Do not presume that the state cannot take your church’s property – it absolutely can. And taking on the state DOT in eminent domain proceedings generally requires specific knowledge and experience.

This short guide will outline some key strategies in negotiating for fair compensation, but it’s critical to remember: partnering with an experienced eminent domain attorney can significantly increase your odds of receiving everything you may deserve.

Get peace of mind with a free case evaluation by calling 1-888-391-1339 now.

3 key negotiation strategies

1. Ensure you receive a comprehensive property valuation

Don’t rely solely on the government’s appraisal because it may fail to properly assess:

• Fair market value of the land and structures: As church property does not often go up for sale, it is particularly challenging to find comparable sales for valuation. Obtaining a true eminent domain appraisal is critical to ensure that all avenues of value are explored.
• Traffic, parking, and access considerations: Churches share some traits with commercial properties in that access, parking, and traffic flow matter to the function of the church. GDOT changes that affect any or all these aspects of the property can do great harm to a church. Ensure these are considered in valuations.
• Multi-use property relocation complications: Churches are very challenging to relocate. They may include schools, community spaces, activity grounds, and more. As such, finding an alternative property and reconstructing facilities could be an incredibly costly endeavor.

All these factors and more should be evaluated and considered as part of preparing for negotiations.

2. Consider all compensable damages

As discussed above, you may be entitled to compensation beyond just the fair market value of your property. O.C.G.A. § 22-1-13 outlines additional potential damages related to the taking, including:

• Relocation expenses: GDOT will likely avoid relocating whole churches due to the sheer complexity of doing so. Sanctuaries and school facilities are complex, but relocating graveyards is very delicate. Still, if it is necessary, an experienced eminent domain attorney can help ensure that the costs of these sensitive relocations are factored in.
• Loss of facilities or future developments: Church facilities are a boon to the whole community, whether they be athletic fields, gathering places, schools, or something else. Many churches have significant land but must develop and improve it over a long period of time. GDOT sees unused land, not a future sanctuary or school.
• Access and parking issues: Will the taking affect how churchgoers enter the property and/or negatively affect their desire to attend? For example, a slope easement might make the entry uncomfortably steep, or a change in access may make it difficult to get to the church from one direction. Less parking limits church growth and can have a deeply negative effect on attendance.
• Signage issues: Signage is crucial to attracting new members and advertising events and benefits – and it can be very expensive to replace. Additionally, local ordinances can be strict when it comes to signage, so replacement may be difficult.
• Conformance with local ordinances: County or municipal ordinances may require certain setbacks or have other rules that govern where things can be placed. For example, if your house of worship must have 50’ of space between the building and the road, and GDOT takes 10’ for a new travel lane, you may need a “variance” from the government – one that GDOT cannot give you and may not even tell you will be needed.

3. Leverage the project influence rule

Georgia law requires that your property be valued as if the government’s project didn’t exist. This rule is important for church properties, as government projects can significantly impact nearby land values.

If some of your church property is being taken for a new highway, nearby land might have decreased in value due to speculation about the project. Your property should be valued based on prices before the project was announced. Calculating your true potential damages is critical in negotiating for max compensation.

Remember, while these strategies provide a foundation, the complexities of church property eminent domain cases often require focused legal experience to navigate. That’s where we come in.