CONDEMNATION / EMINENT DOMAIN

Mitigating the impact. Navigating the process. Maximizing your compensation.

Protecting and defending your property rights is our specialty. When government takes or damages your private land or business for public projects in Georgia, we’ll leverage four decades of experience to advocate for you. We negotiate with condemning authorities, navigate eminent domain/condemnation proceedings, and secure the just and adequate compensation guaranteed to you by the Constitution.

 

CONDEMNATION / EMINENT DOMAIN

  • Perform due diligence and assess fair market values
  • Negotiate access rights, air rights, and easements
  • Assess full scope of business damages
  • Determine leasehold values
  • Assess consequential damages
  • Project relocation costs
  • Handle appraisals
  • Facilitate negotiations
  • Represent your interests in court
  • Obtain condemnation awards

WHO WE SERVE

    • Corporations
    • Developers and investors
    • Franchisors/franchisees
    • Hospitality
    • Individual homeowners
    • Landlord/tenants
    • Mixed-use property owners
    • Office, warehouse, industrial, and retail
    • Petroleum companies
    • Restaurants
    • Shopping centers
    • Small businesses

View our client list

REPORTED CASES

  • CNL APF Partners, LP; RCI Realty LLC v. Department of Transp., 307 Ga.App. 511; 705 S.E.2d 862 (2010)
  • Department of Transp. v. Jordan, 300 Ga.App. 104, 684 S.E.2d 141 (2009)
  • Carroll County Water Authority v. L.J.S. Grease & Tallow, Inc., 274 Ga.App. 353, 617 S.E.2d 612 (2005)
  • Torrente v. MARTA, 269 Ga.App. 42, 603 S.E.2d 470 (2004)
  • Unified Government of Athens-Clarke County v. Watson, 255 Ga.App. 1, 564 S.E.2d 453 (2002)
  • Garden Hills Civic Ass’n Inc. v. MARTA, 273 Ga. 280, 539 S.E.2d 811 (2000)
  • Wilmer v. Fulton County School Dist., 226 Ga.App. 884, 487 S.E.2d 709 (1997)
  • Department of Transp. v. Edwards, 267 Ga. 733, 482 S.E.2d 260 (1997)
  • Department of Transp. v. Pitman, 223 Ga.App. 797, 479 S.E.2d 112 (1996)
  • Fulton County v. Funk, 266 Ga. 64, 463 S.E.2d 883 (1995)
  • MARTA v. Gomez, 261 Ga. 617, 409 S.E.2d 35 (1991)
  • Cann v. MARTA, 196 Ga.App. 495, 396 S.E.2d 515 (1990)
  • Concept Capital Corp. v. DeKalb County, 255 Ga. 452, 339 S.E.2d 583 (1986)
  • Department of Transp. v. 2.734 Acres of Land, 168 Ga.App. 541, 309 S.E.2d 816 (1983)
  • City of Atlanta v. First Nat’l Bank of Atlanta, 246 Ga. 424, 271 S.E.2d 821 (1980)
  • City of Atlanta v. Heirs of Champion, 244 Ga. 620, 261 S.E.2d 343 (1979)
  • DeKalb County v. United Family Life Ins. Co., 235 Ga. 417, 219 S.E.2d 704 (1975)
  • MARTA v. Datry, 235 Ga. 568, 220 S.E.2d 905 (1975)

 

LITIGATION RESULTS

  • Obtained a $2.3 million judgment in U.S. District Court, Northern District of Georgia, against maker of a promissory note to a failed lending institution.
  • Obtained $1.678 million jury verdict in favor of client for partial taking and damaging of gas station and c-store station by Georgia Department of Transportation (GDOT), representing 539% above the original offer.
  • Secured a $19.5 million settlement of a condemnation case brought by the Georgia Department of Transportation (GDOT) involving mixed use development property, along with a new driveway cut on a limited access street.
  • Negotiated a settlement for business value of four times the original offer in a condemnation case for the full taking of a fast food restaurant by the GDOT.
  • Secured a $1.0 million settlement during the jury trial of a condemnation case by the GDOT involving an office building development, representing an 850% increase above the original offer.
  • Negotiated a settlement for land value of more than double the original offer in the partial taking of land from a retail shopping center for a county water tower project.
  • Obtained an $11.0 million jury verdict in favor of client for the taking of a hotel site by the GDOT, representing a 150% increase above the original offer.
  • Obtained a $5.9 million jury verdict in favor of client for taking and damaging of Mercedes sales and services property and business value against the GDOT, representing a 450% increase above the original offer.
  • Secured a jury verdict in favor of client for fully appraised property value, and successfully represented client in subsequent appeals before the Georgia Court of Appeals and Supreme Court.
  • Successfully represented MARTA in case challenging a transit-oriented development project involving public use and private enterprise features before the Georgia Supreme Court.
  • Secured a $900,000 settlement with the Georgia Department of Transportation for the partial taking of a hotel property. The settlement was a 414% increase over the amount that the Georgia Department of Transportation originally offered.
  • Secured an $800,000 settlement with the GDOT for the full taking of a fast food restaurant. The settlement was a 400% increase over the amount the GDOT originally offered.
  • Secured a mediated settlement with Fulton County, Georgia, for the partial taking of a retail shopping center. The mediated settlement was a 250% increase over the amount Fulton County originally offered.

 

Our eminent domain practice includes nationally recognized attorneys Charles Pursley Jr., who wrote the inaugural edition of Georgia Eminent Domain, and Christian F. Torgrimson, who currently serves as the Georgia editor of Law and Procedure of Eminent Domain in the Fifty States. Under Georgia eminent domain laws, all private property, and any interest in that property, is subject to condemnation for a public purpose by state, county, and local governments. However, condemning authorities are required by law to pay just and adequate compensation for the taking and damaging of your property, with special consideration of:

  • Fair market value
  • Access rights, air rights
  • Business damages, including loss of profits, loss of customers, and/or a decrease in earning capacity
  • Consequential damages
  • Easements
  • Leasehold values
  • Building and improvement values
  • Relocation costs and benefits
  • Trade fixtures and equipment, including signage
  • Mitigation and engineering issues

In Georgia, specific compensation limits do exist related to condemnation. That’s why property owners must protect their rights early in the condemnation process. Contact us to mitigate the impacts, navigate the process, and maximize your compensation for real property matters involving condemnation/eminent domain.

PFT’s condemnation/eminent domain practice also collaborates with the firm’s dispute resolution, zoning/land use, and leasing/acquisitions/dispositions practices.

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Contact a member of the PFT team to discuss a condemnation/eminent domain matter, call 404.876.4880 or email the firm at info@pftlegal.com.