Eminent Domain Condemnation Underwood Scoggins

Georgia Eminent Domain and Condemnation Attorney

Serving Clients Throughout the State of Georgia

The government may take private land for public use through a process called eminent domain or condemnation. Government officials have the right to take property under these provisions, but landowners have the right to know why and take action to make sure they are fairly compensated.

Underwood Scoggins believes that clients facing significant legal problems like eminent domain and condemnation deserve high-quality representation backed by experience and tenacity.

When the government or a private entity exercises its power to take your property through eminent domain or condemnation, it can feel like a violation of your rights. Whether you are facing a forced sale of your property or a taking of land for public use, it is important to have a knowledgeable and experienced Georgia Eminent Domain and Condemnation Attorney on your side. At Underwood Scoggins, we are dedicated to helping property owners protect their interests and ensure they receive just compensation for any property taken under the power of eminent domain.

Led by Partner Joshua Scoggins, our Cumming, GA firm has established a new eminent domain and condemnation practice assisting clients across Georgia. Eminent domain is a complex area of law, and the process can be overwhelming, especially when it involves the government or large corporations. With our experienced legal team, we can guide you through every step of the process, ensuring your rights are protected and you receive fair treatment. Whether it’s challenging the validity of the taking, negotiating for fair compensation, or seeking a legal remedy, we are here to help. As advocates for clients statewide, we offer support and guidance for those facing eminent domain.

Contact our firm by calling (762) 300-3484 and get support from our Cumming, GA eminent domain and condemnation attorney.

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The Powerhouses Behind Your Case Meet Your Eminent Domain Team

Our experienced attorneys bring skill, strategy, and relentless determination to every case.

What Is Eminent Domain / Condemnation?

In Georgia, the government has the right to take private property regardless of the owner’s wishes through eminent domain. The government may also condemn a portion of a person’s property for a similar purpose.

However, the government cannot simply take property at will – instead, the government must pay just compensation for the property, and it may only be used for public use. The state’s use of eminent domain can also be temporary. This means that property may be used for a period of months or years and returned to the owner.

This power is granted by the Fifth Amendment of the U.S. Constitution and similar state laws, but the law also requires that property owners be compensated fairly for their loss.

In Georgia, eminent domain cases involve the government or a private entity seizing land for a range of public purposes, including:

Building highways, roads, and bridges
Expanding public infrastructure, such as schools or parks
Constructing utilities or pipelines
Creating public transportation projects

If your property is taken, you may feel unsure about your rights and how to proceed. That’s where Underwood Scoggins can step in. We will advocate for your interests to ensure that you receive fair compensation for the loss of your property and navigate the legal complexities of the eminent domain process.

Understanding Property Value

The government is required to pay a property owner just compensation for their land if it is taken through eminent domain or condemnation. The amount paid to the owner must be fair, and is based on a number of factors ranging from the value of the land condemned to the amount any remaining property is devalued because of the condemnation. Homeowners may challenge the amount of compensation the government must pay if they feel that the government’s offer was not adequate.

Landowner Rights

While the government has the power to take land through eminent domain or condemnation, landowners have rights as well. The Landowner’s Bill of Rights (HB 1313) limits the scope of eminent domain and only permits condemnation when:

The possession or use of the land benefits the public good
The land would be for public utilities.
The property title is clouded.
There is unanimous consent.
The purchase of the land would remedy a blight.
The acquisition of the land would be for the purpose of building roads or channels of trade and travel

The government may have tremendous power through eminent domain, but landowners have rights including the right to just compensation and the right to reasonable forewarning of eminent domain.

The Eminent Domain and Condemnation Process in Georgia

While each eminent domain case is unique, the general process in Georgia typically follows these steps:

Notification of Taking: You will receive a formal notice that the government or private entity intends to take your property. This notice includes the reason for the taking, the intended use of the land, and the offered compensation.
Appraisal: The government or the entity taking your property will typically conduct an appraisal of the property to determine its value. In many cases, the property owner may want to get an independent appraisal to ensure that the compensation offered is fair.
Negotiation: Often, the process can be resolved through negotiations between the property owner and the government or private entity. During this phase, it is crucial to have an attorney on your side to ensure that you receive fair compensation for your property.
Filing a Lawsuit: If a fair agreement cannot be reached, the government or private entity may file a condemnation lawsuit. In this case, the court will determine whether the taking is legal and, if so, how much compensation the property owner should receive.
Final Judgment: If the court determines that the taking is legal, it will issue a final judgment regarding compensation. This may include a settlement for the property value, moving expenses, and other related costs.

Can I Refuse Eminent Domain?

Eminent domain is a legal principle that allows a government entity to take private property for public use. However, property owners do have rights in these situations that can sometimes enable them to refuse or resist an eminent domain taking.

In the United States, the Fifth Amendment of the Constitution declares that private property shall not be taken for public use without "just compensation". This means that if your property is seized under eminent domain, you are entitled to fair market value for your property.

Refusing an eminent domain taking outright is challenging because the government has a legal right to take private property for public use. However, you can challenge the taking on several grounds. One common challenge is to dispute whether the taking is for a legitimate public use. If the government can't justify the taking as necessary for public use, a court may refuse to allow it.

Another challenge can be made on the grounds of just compensation. If you believe that the government's offer does not represent the fair market value of the property, you can dispute this in court. In some cases, courts have ruled in favor of property owners, and the eminent domain taking has been halted until fair compensation has been agreed upon.

Furthermore, some states have additional laws that provide further protection to property owners faced with eminent domain. These protections can sometimes allow a property owner to refuse eminent domain taking, particularly in cases where the property has special historical, cultural, or personal significance.

In conclusion, while it is difficult to outright refuse an eminent domain taking, property owners do have legal avenues they can explore to challenge the taking or ensure they receive fair compensation. Consultation with an experienced Cumming, GA eminent domain lawyer from our firm is advised to fully understand your rights and options.

Don't hesitate to reach our to our firm! Contact us today by calling (762) 300-3484.

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Are You Prepared for The Government To Take Your Land?

Underwood Scoggins's experienced team of attorneys have established a preeminent Condemnation/Eminent Domain Practice that serves all of Georgia.

Led by Partner Joshua Scoggins, our team's knowledge of the law and extensive experience working with GDOT, local government transportation departments and utility providers helps achieve the best outcome for our clients both in terms of maximizing the compensation paid for their property and also minimizing the harm to their remaining land.

Why You Need a Georgia Eminent Domain and Condemnation Attorney

The eminent domain process can be highly complicated and intimidating, but you don’t have to face it alone. Hiring an experienced Georgia eminent domain and condemnation attorney can make all the difference in ensuring that you receive proper compensation and that your rights are protected.

At Underwood Scoggins, we bring extensive experience and expertise to every case. Our team is committed to providing you with strong, aggressive representation, whether you are contesting the taking itself, disputing the amount of compensation offered, or negotiating terms for a fair settlement.

Here’s why hiring us can benefit you:

Understanding of Georgia Eminent Domain Law: Our Georgia eminent domain attorneys are well-versed in Georgia’s specific rules and regulations regarding eminent domain. This includes not only federal laws but also state-specific statutes that can affect how the process unfolds.
Fair Compensation: One of the key issues in eminent domain cases is ensuring that you are compensated fairly for your property. Often, government agencies or private entities may undervalue your property, and we are here to ensure you receive the true market value and additional compensation where applicable, such as for lost business income, relocation costs, and emotional distress.
Negotiation Expertise: Many eminent domain cases are resolved through negotiation, rather than litigation. With years of experience in settlement negotiations, we can work to get you the best possible outcome without having to go to court.
Legal Challenges: In some cases, property owners may have grounds to challenge the taking itself. If the government or private entity is not acting within its legal authority, we will explore all options to contest the condemnation of your property.
Timely Action: Eminent domain proceedings can be time-sensitive. It is crucial to act quickly to protect your interests. Our team will handle the legal aspects, allowing you to focus on your life and home.

Complete our contact form today for a free map or call us at (762) 300-3484.

FAQs About Eminent Domain and Condemnation in Georgia

1. Can the government take my property for any reason?
No. The government can only take your property for public use, and they must compensate you fairly for it. They must also follow the legal process outlined in eminent domain law.

2. How do I know if the government is offering fair compensation?
The government’s offer may not always reflect the true value of your property. It’s crucial to have an experienced attorney review the offer and, if necessary, obtain an independent appraisal to ensure you are being compensated fairly.

3. Can I fight against the government taking my property?
Yes, you have the right to challenge the condemnation if you believe the government does not have valid grounds for taking your property. An attorney can help you assess whether there is a legal basis for contesting the taking.

4. What if I don’t agree with the compensation offered?
If you disagree with the compensation amount, you can negotiate or challenge the offer in court. Our attorneys can represent you throughout this process and fight for a fair settlement.

5. How long does the eminent domain process take?
The timeline can vary depending on the specifics of the case. It can take anywhere from several months to a few years, particularly if the case goes to court. We will keep you informed and work to resolve the case as efficiently as possible.

6. Will I have to move if my property is condemned?
If your property is condemned, you may need to relocate. The government or private entity will typically provide relocation assistance, but our team will ensure you are fairly compensated for any disruption caused by the condemnation.

7. Can I get legal help during the condemnation process?
Absolutely. You should contact a Georgia eminent domain and condemnation attorney as soon as you are notified that your property may be taken. Early intervention can help protect your rights and maximize your compensation.

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