You see your business and livelihood. They see an obstacle.
Is your fast food restaurant in the path of the government’s eminent domain project in Georgia? This is different than other business negotiations, but here’s how you can pursue maximum compensation.
Fast Food Restaurant Property in Eminent Domain: Georgia Landowners’ Guide
If any day-to-day business is built around a strict routine, it’s the fast food restaurant. Everything from staffing to food preparation is carefully scheduled around the business cycle. When something disrupts the cycle, chaos – and lost revenue – often ensues.
We help business property owners in Georgia pursue maximum compensation and navigate the complex process when their fast food restaurant – and livelihood – is threatened by eminent domain. Whatever impact you’re facing or experiencing on your fast food property due to eminent domain, we can help you.
And we love our fast food in Georgia: the Peach State has the 7th most fast food restaurants per 10,000 people in the country. The iconic Waffle House chain was founded in Georgia in 1955, and several other well-known chains were founded in the state as well. Fast food is a staple of the state economy and how many Georgia business owners make their living.
But beware! Vital aspects of your fast food property may be affected by a taking, including:
Changes in traffic flow
Reduced access to your fast food restaurant
Compromised parking
Drive-thru blocked or narrowed
Reduced signage visibility
Taking of some or all of your building
Property nonconformance with local regulations
It is important that you know your rights and options as a property owner and fast food business owner. Even the smallest taking could spell disaster.
We have helped many fast food owners get significantly more compensation for the taking or easement affecting their property than the government’s initial offer. Since we’ve been in business, we’ve helped our clients get on average nearly 3x their initial offer from the government.1
Issues you may face in getting a fair valuation for your fast food property
Eminent domain is a very deep section of the law, grounded in the Constitution and expressed in Georgia law in ways that set it apart from other states. Here are some issues you may be facing when the government wants to take all or some of your fast food restaurant property:
Condemnation
When you’re notified of an eminent domain taking, you’re being notified that GDOT intends to eventually condemn, or take, your property. The government will make you an initial offer, but that offer is almost certainly too low. You can – and almost always should – reject it and contact an attorney to help you fight for maximum compensation.
Inverse Condemnation
Sometimes, GDOT or another condemning authority does not officially take your property but through their actions, they affect your fast food property’s usability and value. This process of effectively taking your property without an official condemnation is called inverse condemnation.
Easements
GDOT may tell you that an easement on your land won’t impact operations much. But an easement can have many serious effects on your property, including interfering with crucial parking spots or forbidding parking completely. An easement can require that your signs, fences, drive-thru lanes, parking lots, or even buildings be demolished. And slope easements can cause access problems, water control problems, and other issues.
Appraisals
When GDOT or the condemning authority makes an offer for your fast food restaurant property, they’ll base it on an appraisal. They won’t always show you that appraisal, though mistakes happen often. But beware that an eminent domain appraisal is far more detailed and complex than a typical appraisal, and commissioning an appraisal on your own may harm your case.
We have built a network of land experts across the state that help us determine the highest and best use of your land and try to prove the true value of your fast food restaurant property.
Relocation
Sometimes, an eminent domain taking forces you to move your business elsewhere. Moving a business is no small task, and many property owners do not realize that relocation expenses and lost profits can be negotiated for as part of eminent domain compensation in Georgia.
Fast food restaurants facing eminent domain must account for associated fixtures, from cooking appliances to walk-in freezers and even dining area furniture that is bolted in place. Transferring these items is often out of the question, but an experienced eminent domain attorney can help you understand what you should seek compensation for in eminent domain.
Eminent domain process: Fast food restaurants
Some key steps in the eminent domain process for fast food restaurants include:
Project is announced.This usually involves one or several public meetings as the plans are finalized.
Property acquisition phase.With plans finalized, GDOT or the condemning authority will contact owners and make offers for their property.
Construction begins.Demolition and construction can begin even before all property is acquired.
Contact an attorney at 1-888-391-1339 for a free case evaluation as soon as you know your property will be impacted by GDOT construction. We may be able to work with GDOT in the early planning stages to reduce the impact on your business!
Frequently asked questions about fast food restaurant takings
Can private companies use eminent domain?
Yes, a private utility may be empowered with eminent domain authority. However, private companies must meet the same standard as the government to justify a taking: it must be for a “public use.” Unfortunately, eminent domain may sometimes be used by governments to the advantage of private developers, even at the expense of the community.
Can you fight eminent domain?
Fighting a taking is rarely successful. In nearly every case, it is more advantageous to focus on seeking maximum compensation instead.
How is just compensation determined in eminent domain?
The short answer is an appraisal, but there is much more to it than that. Every property is unique, and the appraisal should account for your property’s highest and best use. Many subtle factors, such as environmental or engineering factors, may increase the value of your property significantly.
Our experienced attorneys work with a statewide team of land experts, such as appraisers, surveyors, land planners, and engineers, to help us determine what your property is really worth.
Does eminent domain pay for loss of income?
Yes, lost income is generally compensable under Georgia eminent domain law. Talk to an eminent domain attorney about the taking’s damage to your business and how much income it lost as a result before you agree to any GDOT offer.
Are eminent domain proceeds taxable?
It depends on a variety of factors. Both the federal government and the state of Georgia generally consider the sale of property through an eminent domain proceeding a taxable event. However, that does not necessarily mean you will owe taxes – your tax burden depends on your unique circumstances. Consult a tax professional!
Is any property exempt from eminent domain?
Georgia does not generally have exemptions. GDOT can take land from churches, residences, and businesses of any kind, though the property owner is entitled to fair compensation.
Experienced representation makes a difference
There are only a handful of former attorneys who worked for a state DOT and now work for property owners.
We have four.
In our experience, GDOT often fails to properly consider the special needs of the fast food industry and, therefore, often fails to offer owners maximum compensation. That’s where we can help.
Since we’ve been in business, we’ve helped our clients get on average nearly 3x their initial offer from the government.1
And there’s no need to worry about cost.
To have your fast food restaurant eminent domain case evaluated at no cost or obligation, call 1-888-391-1339 or contact us online today.
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
Inverse Condemnation
