In Georgia, the power of eminent domain allows the government to seize private property for public use—but they don't always take the whole thing. A "partial taking" occurs when only a portion of your land is condemned for a project, such as a road widening, a new utility line, or a sidewalk extension.
Many property owners mistakenly believe that a smaller taking means a simpler legal process. In reality, a partial taking is often more complex than a total taking because the damage to what remains can far exceed the value of the land actually lost. At Underwood Scoggins, we approach these cases with the strategic foresight required to ensure you aren't left with a piece of property that is no longer functional or valuable.
Understanding Direct Damages
The first component of your compensation is "direct damages." This is the fair market value of the specific acreage, structures, or landscaping the government is physically removing from your possession. While this seems straightforward, the government’s initial offer rarely reflects the true market value or the "highest and best use" of that land. We don't accept their first number; we challenge it with rigorous valuation data.
The Hidden Cost: Consequential Damages
The most critical—and often overlooked—aspect of a partial taking is "consequential damages" (also known as proximity or severance damages). This refers to the reduction in value of the property you still own.
A partial taking can fundamentally alter your land’s utility. Common issues include:
Loss of Access: If a new highway prevents customers from entering your business or makes your driveway inaccessible.
Non-Conformity: The taking might reduce your lot size to the point that it no longer meets local zoning ordinances, making it impossible to rebuild or expand.
Setback Issues: If the new property line is now inches from your front door or storefront, the market appeal of the remaining structure plummets.
Loss of Parking: For commercial owners, losing just five parking spaces can be the difference between a thriving business and a vacant lot.
Strategic Defense of Your Investment
The government’s goal is typically to complete their project as cheaply as possible. Our goal is to protect your investment. Navigating eminent domain and condemnation requires an assertive legal partner who understands how to quantify the long-term impact on your property’s "remainder."
We don't just look at what is being taken today; we look at how that taking restricts what you can do with your land five or ten years from now. Whether your case involves zoning and land use complications or complex real estate disputes, you need an advocate who can pinpoint the subtle inconsistencies in the government’s appraisal.
Protect Your Rights Today
If you have received a notice of condemnation or a "final offer" from the government, do not sign anything until you have consulted with an experienced attorney. The decisions you make now will dictate the future value of your property.
Contact Underwood Scoggins at (762) 300-3484 to schedule a consultation and ensure your property rights are aggressively defended.