What You Need to Know

Is the government threatening your business with eminent domain?

The initial offer for your commercial property rarely covers the true cost to your business and its future.

Discuss Fair Compensation for Your Business Property

Eminent Domain and Your Commercial Business

Georgia Eminent Domain Condemnation of Commercial Properties: Protecting Your Business From a Lowball Offer

When the government or a utility company targets your commercial property for a public project, your business and your livelihood are at risk. You may receive a letter from the Georgia Department of Transportation (GDOT) or another entity with an offer for your land, building, or an easement. This offer is rarely enough.

For a business owner, the true cost of a taking goes far beyond the square footage of the property — it can involve lost income, customer disruption, relocation headaches, and damage to your future operations.

You are not powerless. You have a constitutional right to “just compensation.” But the government’s definition of “just” and yours may be miles apart.

Several of our attorneys have experience working for a state Department of Transportation. This background gives us a deep understanding of how government agencies value property and handle condemnation cases. We use this experience to build strong cases for our clients. Since our firm began, we’ve increased clients’ average initial offers by nearly 3x!¹

Key Takeaways

The government’s initial offer for commercial property may not account for the full financial impact on a business.
Just compensation in Georgia can include the property’s value, damages to remaining land, and relocation expenses.
Both government agencies and certain private companies, like utilities, can exercise eminent domain powers in Georgia.
Property owners have the right to challenge the offered amount and negotiate for a higher settlement.

We have the knowledge and commitment to fight for your business’s true value

Fighting a government entity or a major utility company requires significant resources, legal firepower, and unwavering dedication. The GA Eminent Domain Law Firm was created to provide exactly that. We practice eminent domain law only, and represent Georgia property owners exclusively.

We have a deep network of Georgia land experts, including appraisers, land planners, and engineers, at our disposal to help us build a strong case for maximum compensation for you. We also use proprietary technology to manage your case and keep it on track throughout the eminent domain process. And we have the resources to take on the government and advance all the related costs.

We also commit to putting your needs first. Our You-First Policy means that we listen closely to your questions and concerns, guide you every step of the way, and fight to get you paid as much as possible. Check out our case results and see what our clients have to say about working with us.¹

When we represent your business, you have a formidable team in your corner — a team that has the experience, the capital, and the willingness to take your case to trial if needed to fight for the maximum compensation you may be owed under Georgia law.

Critical Issues Facing Georgia Business Owners in Eminent Domain

A commercial property taking is far more complex than a residential one. The government’s initial offer almost never accounts for the many potential types of devastating impacts on a business. Our attorneys are skilled at identifying and valuing these damages to build a comprehensive case for fair compensation.

Here are some of the critical issues your business may be facing:

Relocation

You may be entitled to compensation for moving expenses and reestablishment costs for your business. Find out more about commercial relocation compensation and benefits.

Condemnation

The government has the right to take (condemn) your commercial property for public good, but it must compensate you adequately. Learn more about eminent domain condemnation.

Inverse Condemnation

Inverse condemnation is when the government takes, or condemns, your commercial property but fails to pay compensation. Find out how you can file an inverse condemnation claim.

Easements

Easements are the right of someone else, such as the government or a public utility, to use or access your property. Learn more about easements.

Appraisals

A condemnation appraisal is an estimate of the value of your commercial property, which includes the value both before and after the condemnation. Here’s more information on appraisals.

Our proven 4-step process for helping commercial property owners

We have refined our process to help protect your rights and fight for maximum compensation while trying to minimize the disruption to your business.

Step 1:

Step 2:

Step 3:

Step 4:

Woman opening a letter from the department of transportation.

The clock starts

As soon as you receive any notice that your commercial property may be affected by a project, it’s time to act. Even if the taking seems years away, this is a critical window to gather information and build a strategy. Once the acquisition process formally begins, it moves very quickly.

INSIDER TIP: Right away is the ideal time to hire a qualified eminent domain attorney. Our team works on a contingency fee basis, meaning you will pay no fee unless we obtain a financial recovery for you.² We can immediately begin advising you, analyzing the project’s impact, and preparing your case — all without any upfront cost to you.

Surveyor in a high-vis vest working at the top of a dirt hill.

The initial offer

A government appraiser will provide their opinion of value, and the condemning authority will make an initial offer. In Georgia, they are not even required to share their appraisal with you. If you accept this offer, you generally forfeit all right to negotiate for more.

INSIDER TIP: There is a legal mechanism in Georgia to collect this initial offer without accepting it as the final payment. The GA Eminent Domain Law Firm can help you with this process, securing that money for your business while we fight for more.

A pen resting on a parcel map of a neighborhood.

We advocate and build your case

Once the initial offer is deposited with the court, you can withdraw the funds while we formally appeal for more compensation. We build your case to prove your property’s “highest and best use” and the full extent of your damages. This may involve leveraging appraisers, land planners, engineers, and business valuation experts from our statewide network of experts.

INSIDER TIP: Building a strong case is expensive. We are so confident in our ability to seek more for our clients that we advance all these costs. And with our contingency fee arrangement, you pay a fee only if we recover more money for you than the government’s initial offer. Guaranteed.²

Man opening a letter from the Georgia Eminent Domain Law Office.

Can you get a second check?

We leverage the evidence we’ve built to negotiate aggressively with the condemning authority. On average since our firm began, we’ve increased our clients’ initial offers by nearly 3x more!¹When we receive any final offer, we will advise you on whether to accept it or proceed toward trial if needed. The decision is always yours. After you authorize any settlement, we collect the additional funds and deliver your final check.

INSIDER TIP: Our fee structure is designed for one outcome: getting you more. You pay us nothing if we don’t get your more than the government’s initial offer.²

Frequently asked questions from Georgia business owners

Can private companies use eminent domain in Georgia?

Yes. While we often think of government entities like GDOT or a city such as Atlanta, Georgia law grants eminent domain power to certain private or quasi-governmental entities if the project serves a “public use.” This includes utility companies (like Georgia Power for power lines), natural gas pipeline companies, hospitals, and stadium authorities. These companies must follow the same rules and pay just compensation, and we hold them to the same high standard as any government agency.

Can you fight and stop an eminent domain taking?

In most cases, stopping a commercial taking is extremely difficult. Courts give significant deference to the government’s determination of “public use.” While there are rare instances where a project can be challenged, the most effective strategy for the vast majority of business owners is to focus on fighting for the maximum possible financial compensation.

We may also be able to negotiate changes to the project plans to lessen the impact on your remaining property, such as moving an access road or redesigning a drainage system.

How is "just compensation" determined for a commercial property?

Just compensation is legally defined as the “fair market value” of the property being taken. However, for a business, it can include much more. A comprehensive valuation should consider:

The value of the land and improvements being taken
Damages to the remaining property (known as “severance damages”). For example, if the taking leaves your remaining lot too small to operate your business, the value of that remainder has been damaged.
Relocation expenses
Easement damages
Loss of parking, landscaping, buffer, or access to the property
And more…An experienced Georgia eminent domain attorney works to have all compensable damages identified, valued, and included in your claim.

Are eminent domain proceeds taxable?

Generally, the IRS treats compensation from eminent domain as a sale of property. You may owe capital gains tax on the amount you receive above your property’s tax basis. However, Section 1033 of the Internal Revenue Code allows you to potentially defer these taxes if you purchase a “like-kind” replacement property within a specific timeframe (typically three years for business property). This is a complex area of tax law, and we advise all clients to consult with a qualified tax professional. An attorney can help structure a settlement to align with your tax strategy.

Why can't I just negotiate with the government myself?

While you have the right to negotiate on your own, you are likely putting yourself at a significant disadvantage. The government has teams of attorneys, appraisers, and agents who handle these cases every day. They know the law and the procedures, and they know that unrepresented owners often leave money on the table.

The most common mistakes we see business owners make are accepting a low initial offer, unintentionally saying something that hurts their case, and not understanding the full range of damages they can claim.

Contact our trusted attorneys for your commercial property condemnation case

The government has a team of experts fighting for their interests. The GA Eminent Domain Law Firm exists for one reason: to level the playing field and fight for the full and just compensation that Georgia business owners may be owed by law.

Acting quickly is crucial in protecting your rights. And it won’t cost you extra!²

Contact us today at 1-888-391-1339 or through our online form for a free and confidential case evaluation. Let us put our experience and resources to work for you.

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.

1-888-391-1339

"*" indicates required fields