As a result of Kelo v. New London and what many thought was a clear case of government overreach, many state legislatures placed restrictions on the state’s ability to exercise eminent domain powers. In that case, a private developer won an eminent domain taking for a redevelopment plan in Connecticut. In response, the state of Georgia amended its constitution in 2006. Any eminent domain taking in the state must be for “public use.” The amendment requires elected county officials, not appointed officials, to approve the condemnation.

At the same time, the legislature enacted a Landowner’s Bill of Rights, which affects who can take land and for what purpose, narrowing the governmental authority of eminent domain to remove some interpretations of eminent domain authority.

Also known as HB1313, the Landowner’s Bill of Rights and Private Property Protection Act was eminent domain legislation that excluded some of the interpretations of eminent domain authority. It specified that the taking must be for “public use” and defines it as follows:

• Possession, occupation, or use of land by the general public or state or government entities
• Use of land for public utilities
• Opening of roads/channels of trade and travel
• Acquisition of property where the title is clouded
• Acquisition of property where unanimous consent is received (friendly condemnations)
• Remedy of blight

In other words, eminent domain power is not allowed solely for economic development for the public benefit. It must be for public use as defined by that list. The law contains many more details and defines terms to limit the state’s power to condemn.

When your property is in the crosshairs of an eminent domain taking, understand that there may be a good reason for it. A larger school means more teachers and resources for school children in the community. A road project may improve flow and safety for drivers, cyclists, and pedestrians.

If there were no eminent domain, communities could be prevented from growing. Necessary services could be limited. And, generally speaking, a community could theoretically be held hostage by a few people who either wanted an unreasonable price for their land or simply wanted to oppress their neighbors.

It would be hard to guarantee that eminent domain is appropriately used 100% of the time. Most of the time? Probably. That does not mean eminent domain is always fair to the landowner. Far from it! More often than not, landowners who accept the state’s first offer on their property are not getting the best value for it. In very rare cases, they might even be able to fight an eminent domain taking.

The sad truth of the matter is that almost every property owner faced with an eminent domain taking is going to lose the property that the state wants. It is very difficult – though not impossible – to fight an eminent domain taking. 

You are almost always best served to focus on getting the most compensation you can for your property, as the law states that you must be “justly compensated.” The only question, then, is what amount of compensation is just?

Eminent domain projects are generally very methodical, and almost never move quickly. You’ll likely be notified well in advance via public hearings, meetings, notices, and even individual visits. As such, there’s no set time.

The deadline appears once GDOT notifies you that they’re taking your property and makes you an offer. At that point, if you disagree with their offer amount, you have just 30 days to file an official answer so that you can negotiate for more.

Yes. The state’s initial offer is the minimum amount of compensation you can receive – they’re required by law to compensate you. There is room for negotiation, however, as long as you do not accept their initial offer, and take the necessary steps to preserve your ability to negotiate for more.

If the government comes for your property, the first thing you should probably do is consult with an attorney with experience in eminent domain takings. The law here is deep and complicated, especially for an attorney who may not practice it every day.

We recommend that property owners NOT accept the government’s initial offer on their property. This is for a few reasons:

1. You have nothing to lose. Even if you refuse the first offer, the government isn’t going to revoke it. That money will be yours regardless. However, if you accept that initial offer, you forfeit your opportunity to seek more.
2. The government is just like any other buyer. It wants to get your property for as little as possible. To that end, it hires appraisers and generates offers according to its own methods. And it’s not required to disclose how it came up with its offer amount.
3. In many, if not most cases, we find that the offer is low. Your property is probably worth more than the government is offering. We know how to seek maximum compensation.