Condemnation is the process of taking private property through the power of eminent domain. Eminent domain is the legal right states, and localities and the federal government have to condemn and force the sale of private property. Although an individual's rights are subordinated to the government, the owner is entitled to receive just compensation for his or her property when it's taken by the government.
The attorneys at Power Law, P.C. will defend your rights as a property owner in eminent domain actions. We work to make things right by maximizing the result most advantageous for our client. Sometimes that means maximizing your monetary recovery; sometimes it means trying to stop the government’s taking of your property; or sometimes it just means working it out. Either way, we will work to maximize the outcome for you to make it right.
In representing property owners as well as a variety of governmental agencies, we have gained a unique and in-depth perspective on how to litigate eminent domain matters on behalf of both property owners as well as the government. We will use this perspective to benefit you in your eminent domain case. We have handled numerous condemnation cases on behalf of property owners against various local governments, county authorities, the United States of America and the U.S. Airforce.
You may be contacted by letter, phone or in person by a representative of the government. The purpose of the initial contact is to inform you of the project and to tell you that your property is needed.
You have the right to be justly and adequately compensated for your property rights taken, including any consequential damages to your remaining property. This includes payment for loss of business if you have any. The Courts in Georgia have defined just and adequate compensation to be the actual value of your loss. This phrase, however, is complicated and you need an attorney who has a complete and full understanding of the applicable rules of compensation to insure that it’s made right for you.
There is no “normal” lengthy of time for a condemnation matter. However, there are very strict time limits for various actions to be taken by you to protect your rights to just and adequate compensation. Therefore, as soon as you learn that your property is needed for a project, you should contact an attorney who has a complete knowledge of the applicable rules in a condemnation case.
The government takes some or all of your property. This may be a fee taking or an easement taking. It might even involve your business if it’s located on the real estate needed for the project. As soon as you are contacted by the government regarding the “purchase” of your property, you should ask for copies of all plans pertaining to your property so that you can take them to a knowledgeable attorney to decipher how the project will impact your property.
You don’t! We know, because we recently requested information regarding various Henry County road projects. The response that we received from the County stated, in part, that it was EXEMPT from the law requiring governments to PUBLICLY disclose information. Click here to see the County’s response. This may be legal, but it isn’t right. We will not let Henry County hide behind the law when it comes to protecting your rights.