When the government or a public utility asserts its power of eminent domain, it can feel like a direct threat to your private property rights. The Georgia Constitution mandates that you must receive “just and adequate compensation” for any property taken or damaged for public use. However, the initial offer you receive for your land, easement, or home is rarely the full, just value you are owed. Accepting the first offer is a common and costly mistake.
Securing fair compensation requires a strategic, assertive approach. You are not merely a passive recipient in this process—you are entitled to maximum compensation.
Defining “Just and Adequate Compensation”
In Georgia eminent domain cases, the concept of "just and adequate compensation" is typically defined by the fair market value of the property at the time of the taking. This value is determined by what a willing buyer would pay a willing seller in an open market, based on the property’s highest and best use.
This calculation is not limited to the property’s current use, but rather its most valuable potential use. The government's initial appraisal is often conservative and may undervalue this potential or fail to fully account for all categories of damages.
The Critical Role of Consequential Damages
If the condemning authority only takes a portion of your property—a "partial taking"—your compensation must extend beyond the market value of the land acquired. You are also entitled to consequential damages for the reduction in value of the remaining property.
In our experience, the initial offers routinely overlook or severely underestimate these consequential damages. This could include losses due to:
Severance: Damage to the remainder of your property that results from the taking.
Impaired Access: A change in access to an adjoining road, which is a property right that can significantly impact value.
Negative Impacts: Increased noise, traffic, and pollution, especially if they negatively affect the property's forecasted value.
The government's appraiser may minimize or ignore these factors to keep the acquisition costs low, but our strategic counsel focuses on forcing the condemning authority to justly account for all detrimental effects on your remaining property.
You Have the Right to Challenge the Offer
The process of condemnation allows you to legally challenge the government's valuation. By refusing the first offer, you retain the right to negotiate for a higher amount. The government cannot revoke the minimum compensation it has offered; your objective then becomes increasing that amount.
However, there is a limited window—often 30 days after the condemnation petition is filed—to file an official answer to preserve your right to negotiate for more. Delaying the process or attempting to handle the complex legal and appraisal negotiations alone significantly jeopardizes your ability to secure what is truly fair.
Take Control of Your Case. Demand Fair Compensation.
Do not allow the condemning authority to dictate the price of your land. Securing just and adequate compensation requires an aggressive, strategic approach that counters the government’s low appraisals with a proven legal strategy. If you are a Georgia resident facing condemnation, take immediate action to protect your investment.
Contact the tenacious legal team at Underwood Scoggins today for a decisive case evaluation. Call us now at (762) 300-3484 to ensure your case is handled with the experience and assertive advocacy it demands.