Convenience stores and gas station property in eminent domain: How we help Georgia landowners

If your business is being targeted for eminent domain, there may be special factors that can affect the value of the property being taken – factors the government might not consider. Is your land worth much more than GDOT is offering?

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Convenience Store and Gas Station Property Appraisal in Eminent Domain in Georgia: What You Need to Know

Convenience stores and gas stations play a crucial role in helping support local economies in Georgia by fueling the flow of people, goods, and services throughout the Peach State. Whether you’re navigating I-75 through Atlanta or taking State Route 53 to Dawsonville, you won’t get very far without them. We are proud to help these business owners in Georgia fight for full compensation when GDOT takes all or part of their property.

As a convenience store and gas station owner, you may have sophisticated and environmentally hazardous equipment on your property, such as buried fuel tanks and complex electrical systems. In Georgia, you might have had to obtain special permits from the Georgia Department of Agriculture and satisfy zoning requirements that other businesses don’t.

Getting a fair value appraisal can be difficult for Georgia owners of convenience stores and gas station property in eminent domain. That’s because government appraisers might not always fully consider all the unique elements and benefits that can make your property worth significantly more. So how do you fight for “fair market value?”

The first thing to know is that you don’t have to accept the government’s initial offer. In fact, you probably shouldn’t because you’re most likely entitled to more. We’ve helped our clients get on average nearly 3x more than their initial offers since our firm began.1

Before you agree to any offer, even savvy business owners and negotiators should consult with an experienced eminent domain attorney to see how much your convenience store or gas station may really be worth.

We have the experience and resources to help you fight for maximum compensation by:

  • Identifying and investigating the impact of the taking to traffic flow, parking, and other elements on your property
  • Using highly qualified land experts who can help put a value on the specific impact to your specific property
  • Investigating and explaining the full impact of permanent easements GDOT may want, particularly those which may be lightly used initially, but may carry a heavy future burden

Contact us online or call 1-888-391-1339 today if you’ve received notice that your convenience store or gas station is being impacted by an eminent domain taking.

Issues you may be facing to get fair valuation for your property

Though it may seem hard to believe, the government (federal, state, and local) has the power to take private property away from its owners (including businesses) for public use projects such as roads and infrastructure. This power is wielded frequently by the Georgia Department of Transportation (GDOT).

However, according to the law, the government can’t take your property without giving you “just compensation.” Their initial offer will be based on their appraisal of your property’s fair value. This leads many property owners to feel like they’re getting a fair deal, and the government might even tell you that their offer is take it or leave it. But the government generally wants to acquire your property for as little compensation as possible.

You can and almost always should push back against GDOT’s initial offer for your convenience store and gas station property in eminent domain negotiations.

And, because of the complexity of the equipment, zoning, physical location, and other special considerations for many gas stations and convenience stores, there’s a very good chance that the government won’t (or might not even be able to) valuate your property properly.

Some of the issues you may face with your gas station and convenience store property include:

Condemnation

It is nearly impossible to fight the taking when GDOT condemns your property in eminent domain. However, the government has to offer you fair compensation for what they’re taking – though what constitutes “fair value” to them might not be what your land may really be worth, especially with complex properties such as gas stations and convenience stores.

Inverse condemnation

In cases of inverse condemnation, the government takes or damages your property without offering you compensation in return. An example might be if the government takes your neighbors’ land around your gas station and uses it for construction projects that make it impossible for customers to reach your gas pumps. Because of the dramatic reduction in your gas station property’s value, you may have an inverse condemnation claim, and you may be owed significant compensation.

Easement

An easement is when the government takes the right to use a portion of your land for a public use project such as drainage infrastructure, power lines, gas lines, etc. This can get very tricky, for example, when GDOT wants an easement on the portion of your land that includes some of the gas station’s underground storage tanks and associated systems.

An experienced eminent domain attorney can try to ensure you’re compensated for the full value of the land and not just what’s above-ground and visible to the naked eye.

Appraisals

The government is obligated to give you just compensation for what it is taking, but just compensation is negotiable. The government’s appraisal often determines the value of people’s properties incorrectly. This is particularly true when it comes to the complicated nature of valuing land for convenience store and gas station property in eminent domain.

Note: Getting your own appraisal too soon can undermine your case instead of helping it. We work with a statewide network of land experts, including land planners, civil engineers, real-estate brokers, surveyors, and more to help provide an independent appraiser the evidence needed to determine the fair value for your property based on its highest and best use and the full impact of the project.

Relocation

If you’re forced to relocate your gas station or convenience store due to an eminent domain taking, Georgia law says you’re generally entitled to business relocation expenses such as costs for:

  • Lost profits
  • Reasonable moving expenses
  • Loss of value of the property itself
  • Reimbursement for expenses incurred while searching for a new property

Of course, relocating a gas station or convenience store is never as simple as picking a new site and moving operations. Location is such a crucial element for gas stations and convenience stores that you could easily be out of business after being forced to move for eminent domain.

Negotiating the government’s initial offer is likely your one and only opportunity to pursue full compensation for everything the taking may be costing you.

Four of our attorneys used to work for a state DOT on some of its biggest cases, but they felt too many property owners struggled to go it alone and left compensation they deserved on the negotiating table. Now, they fight for maximum compensation on behalf of business owners like you.

Eminent domain process: Convenience stores and gas stations

If you’re the owner of a convenience store or gas station in Georgia, watch this video to learn what you can expect from the eminent domain process:

Frequently asked questions about convenience store and gas station takings

Here are some frequently asked questions we receive from the owners of convenience stores and gas station property in eminent domain:

Experienced representation can make a huge difference

Why choose the GA Eminent Domain Law Firm? Because our experience successfully increasing eminent domain compensation for our clients along with other-side experience from some of our attorneys who worked for a state Department of Transportation is a strong combination.1

And there’s no need to worry about cost with our risk-free guarantee:

You pay nothing at all if we don't get you more than your original offer.

If you’ve received notice that your commercial land will be taken for eminent domain, or you believe it might, we can help you.

“Great firm to use. Excellent customer service!” – Deborah B., Google review for GA Eminent Domain Law Firm1

The sooner you reach out, the more ways we may be able to help you.

Contact us today online or by calling 1-888-391-1339 for a free professional evaluation of your convenience store and gas station property eminent domain case.

 

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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