• $180,000 settlement of condemnation case brought in connection with road widening. Through the effective use of competent appraisal experts, the final settlement my client received was almost 4 times higher than the appraised value relied on by GDOT to condemn the property. , 2023 
• $550,000 settlement of a condemnation case filed by the City of Kennesaw for a by-pass. The City's appraised value for the property that was taken from my client totaled only $115,000. Over the next year I relentlessly and aggressively negotiated with the condemning authority until the City agreed to pay my $550,000; almost 5 times higher than the City's original appraised value., 2023 
• $375,000 settlement of condemnation case brought in connection with road widening. Following several years of litigation with GDOT, we were able to successfully settle the matter through mediation for double the amount initially offered by GDOT., 2023 
• $13,000,000+ settlement for property owner in condemnation case of property for a public park. Following almost 3 years of litigation, we reached a settlement with the government on the eve of trial that included a cash payout of $10,427,500 along with several million dollars in additional tax savings for the property owner. This amount represented a 3-fold increase over the government's offer when the property was condemned., 2023 
• Successfully challenged new local government ordinance imposing impact fees on new developments within the City of Hoschton, Georgia. In addition to securing over $200,000 in impact fee refunds from the City, I successfully negotiated a significant reduction of the per-unit impact fee charged by the City, thereby saving my client millions of dollars in future costs., 2023 
• $855,000 settlement of condemnation case brought in connection with road widening., 2022 
• $464,000 settlement of condemnation case brought in connection with road widening., 2022 
• $156,000 settlement of condemnation case brought in connection with road widening., 2020 
• $320,000 settlement of condemnation case brought in connection with road widening, which was negotiated on behalf of a homeowners association whose subdivision entrance was being severely damaged by the widening. Through our firm's use of highly qualified experts and relentless lobbying of DOT and local government officials, we obtained a final settlement amount that was four times higher than DOT's original offer. To protect our client's rights should the neighborhood's swimming pool and other amenities be damaged by the road widening, we also insisted that DOT remove a standard "waiver of future claims" provision and instead agree to allow our client recover money for any future damage done to the amenity area., 2020 
• $850,000+ settlement for property owner in condemnation case brought in connection with road widening., 2019 
• $254,000 settlement of condemnation case brought in connection with road widening., 2019 
• $850,000 settlement in condemnation case brought in connection with road widening., 2015 
• $255,000 settlement of condemnation case brought in connection with road widening., 2014 

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. 

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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.  

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 (770) 574-6688