Other businesses rely on your business. Then, GDOT comes along.
Commercial retail property is complex enough without the Georgia Department of Transportation coming to take some or all of it. What do you do? What about tenants and the businesses that occupy the space? Get answers before agreeing to anything.
We Help Commercial Retail Property Owners Facing Eminent Domain in Georgia
In the complicated world of commercial property, commercial retail property may be the one area that most people are familiar with. It runs the gamut from single-tenant restaurants or big-box stores to multi-tenant retail centers with multiple different types of businesses.
There are many nuances in property classification for various purposes, all of which are important, but none of which really matter to GDOT when it wants your land. Our experienced eminent domain attorneys can fight to have your commercial retail property classified correctly to try to get the government’s offer to reflect the true value of your property.
Commercial retail property negotiations with the DOT are unlike other negotiations you’ve handled, even if you’re a seasoned business owner. We help commercial retail property owners and commercial retail property landlords in Georgia sort out the complexities and pursue maximum compensation when their property, business, and livelihood are threatened by eminent domain.
Generally, a commercial retail property enables the retail sale of merchandise, foods, beverages, or services. It includes retail stores, restaurants, entertainment (like movie theaters and arcades), services (like a beauty salon or laundromat), and even convenience stores. The property generally includes any service corridors, management offices, or facilities, such as bathrooms, that are incidental to the property’s use.
There are many types of commercial properties. If your property seems to fit multiple classifications, don’t take chances. There may be significant differences for a landowner of commercial retail property versus a commercial office property, depending on the property’s unique circumstances!
Our experienced eminent domain lawyers have a track record of success in handling many different types of commercial property eminent domain takings and can help you navigate the process and seek the highest possible compensation.1
How can an eminent domain taking affect my commercial retail property?
Several vital aspects of your commercial retail property that may be affected by a taking include:
 Changes in traffic flow
 Reduced customer access to your property
 Compromised parking
 Limited (or reduced) delivery and logistical access
 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 commercial retail property owner or landlord of commercial retail property. Even the smallest taking could spell disaster for your business.
Eminent domain takings and commercial retail property leases
The eminent domain process affects business owners’ complicated and vital leases in commercial retail properties. Please contact our eminent domain attorneys for guidance regarding how a taking may affect your tenants – lessees may be entitled to compensation.
Issues you may face in getting a fair valuation for your commercial retail property
Eminent domain is a complex section of Constitutional law and is expressed in Georgia law in ways that set it apart from other states. Some issues you may face when the government wants to take some or all of your commercial retail property include:
Condemnation
The government can take or “condemn” some or all of your commercial retail property for the public good. It must compensate you fairly for what it takes, but who decides what is fair? What happens to your leases? Your tenants? How can you be sure you’re getting what you deserve? Experienced eminent domain attorneys deal with these issues regularly.  We can answer your questions for you.
Inverse Condemnation
Sometimes, GDOT or another condemning authority does not officially take your property, but through their actions, they affect your commercial retail 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. However, an easement can seriously affect your property, including interfering with crucial parking spots or forbidding parking completely. An easement can require demolishing your signs, fences, delivery docks, parking lots, or even buildings. Slope easements can cause access problems, water control issues, and more.
Appraisals
When GDOT or the condemning authority makes an offer for your commercial retail property, they’ll generally base that offer on the damages shown in an appraisal of the property. They often make mistakes. Be aware 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 can help us determine the highest and best use of your land and try to prove the true value of your commercial retail property.
Relocation
Sometimes, an eminent domain taking forces commercial retail landlords and tenants to move their businesses elsewhere. Moving a business is no small task, and some property owners may not understand the complexities of relocation expenses.
Bottom Line: When you’re notified of an eminent domain taking, GDOT intends to condemn or take your property eventually. If the project proceeds, 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 an experienced attorney can help you fight for maximum compensation.
The eminent domain process in Georgia is full of pitfalls and common mistakes that are easy for a property owner – even an experienced businessperson – to make. These mistakes can be costly and damaging to a commercial retail property owner seeking compensation, so being prepared for the process is essential.
Here’s a brief overview of the eminent domain process:
Contact an experienced 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 commercial retail property takings
Can private companies use eminent domain?
Yes, a private utility may be empowered with eminent domain authority. These takings are regulated by statute, similar to a taking by the government, and include a requirement that the taking must be for “public use.”
Can you fight eminent domain?
Fighting a taking is rarely successful, so seeking maximum compensation is typically our focus. You can sometimes negotiate to reduce the impact of a project on your property if you act early before GDOT’s plans are set in stone.
How is just compensation determined in eminent domain?
The government is required to pay “just compensation” for its taking, but opinions on what that just compensation is may vary widely in a particular case. Generally, an appraisal forms the basis of the government’s offer but too often, these appraisals fail to fully capture the extent of the damages.
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 significantly increase your property’s value. Other factors that can help determine compensation include:
the fair market value of the property
damages due to loss of parking, access, landscaping, or buffer
Our experienced attorneys work with a statewide team of land experts, such as appraisers, surveyors, land planners, and engineers, to help us estimate what your commercial retail property is really worth, and the fair value of the damages done to it.
Does eminent domain pay for loss of income?
Lost profits can be compensable under Georgia eminent domain law. For help making a compensable claim, talk to an eminent domain attorney before you agree to any offer from GDOT.
Is any property exempt from eminent domain?
There are no eminent domain-exempt private properties in Georgia. 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 significant difference
Not many former state DOT attorneys now work exclusively for property owners. We have four.
In our experience, GDOT often fails to consider the special needs of commercial retail properties properly and, therefore, often fails to offer owners fair compensation. That’s where we can help.
Since we’ve been in business, we’ve helped our clients get on average nearly 3x more than their initial offer from the government.1
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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