Eminent Domain Condemnation Joshua A. Scoggins
Attorney at Law

Eminent Domain / Condemnation Joshua A. Scoggins
Attorney at Law

Eminent Domain Attorney in Forsyth County

Settlements Ranging From $180,000 to Over $13 Million Against Government Condemning Authorities

When a government agency or private entity moves to take your property, you have the right to contest both the basis for the taking and the compensation offered. Partner Joshua Scoggins has secured condemnation settlements ranging from $180,000 to over $13 million, consistently achieving multiples of the government’s original appraisal in road widening, bypass, and public park takings throughout Forsyth County and the north Atlanta metro region.

In 2023, Scoggins negotiated a $550,000 settlement against a City of Kennesaw bypass condemnation where the government’s appraised value was $115,000, nearly five times the government’s figure. That same year, the firm reached a $13 million-plus settlement on the eve of trial in a public park condemnation, more than three times the government’s original offer. These are past results in specific cases and are not a guarantee of any particular outcome. Underwood Scoggins serves individual property owners, homeowners associations, developers, and Fortune 500 companies throughout Forsyth County, GA. Virtual consultations are available, and the engagement process can be fully remote.

Contact our firm

Contact our firm by calling (762) 300-3484 and discuss your Forsyth County eminent domain and condemnation matter with our attorneys.

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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, grounded in the Fifth Amendment of the U.S. Constitution and Georgia Code Title 22. A taking may also be partial, affecting only a portion of a parcel, or temporary. This means the property is used for a period of time and then returned to the owner.

The government can’t simply take property at will, though. The taking must serve a qualifying public use, and the government must pay just compensation. In Georgia, eminent domain cases commonly involve land seized for 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 targeted in Forsyth County, GA, you have the right to contest the compensation offered and to be represented by counsel throughout the process. We’ll advocate for your interests and work to pursue fair compensation for what you’ve lost.

Understanding Property Value

Just compensation in Georgia is based on the fair market value of the condemned property and, in partial takings, the degree to which the condemnation devalues the remaining parcel. Once a special master issues an award in a Georgia condemnation proceeding, the government deposits that amount into the registry of the court. Property owners don’t lose access to those funds while contesting the amount. You have the right to challenge the adequacy of the government’s offer, including by obtaining an independent appraisal, which often establishes a substantially higher value than the government’s figure.

Landowner Rights Under Georgia Law

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 and Private Property Protection Act (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

HB 1313, enacted in 2006, also requires the condemning authority to provide advance written notice and a written statement of rights to the property owner not less than 15 days before the documented time of approval of the exercise of eminent domain. If a property owner prevails in challenging a condemnation, HB 1313 provides for the award of attorney’s fees by the condemning authority. Under Georgia Code § 22-1-2, if condemned property isn’t put to public use within five years, the former property owner may apply for reconveyance or additional compensation.

The Eminent Domain & Condemnation Process in Georgia

While every eminent domain case is different, the process in Georgia generally follows these steps:

Notification of Taking: You’ll receive formal notice that the government or private entity intends to take your property, including the reason for the taking, the intended use of the land, and the offered compensation.
Appraisal: The condemning authority will conduct an appraisal to determine property value. You can obtain an independent appraisal during this phase to counter the government’s figure.
Negotiation: Many cases resolve through negotiation. Having an attorney at this stage is critical to pursuing fair compensation.
Filing a Lawsuit: If a fair agreement isn’t reached, the government or private entity may file a condemnation lawsuit. If the court grants the petition, a separate proceeding establishes the full compensation amount.
Final Judgment: The court issues a final judgment on compensation, which may include payment for property value, moving expenses, and other related costs.

Can I Refuse Eminent Domain?

Outright refusal of a government taking is rarely successful in Georgia. In most cases, the government’s right to take is upheld when it meets the public use standard established by the Fifth Amendment and Georgia law. Property owners can challenge a taking on two distinct grounds: contesting whether the taking qualifies as a legitimate public use, and disputing the adequacy of the compensation offered.

Disputing compensation is the more frequently successful avenue. Government appraisals routinely undervalue the property being taken, and an independent appraisal combined with experienced legal representation can lead to significantly higher settlements. Our results show what that difference can look like: in a 2020 road widening matter, we obtained a $320,000 settlement for a homeowners association where DOT’s original offer was $80,000, four times the government’s figure. Even when the taking itself proceeds, our representation in condemnation proceedings has produced settlements three to five times greater than the government’s original appraisal. These are past results in individual cases; outcomes vary based on the facts and circumstances of each matter.

The Fifth Amendment requires just compensation. Georgia law doesn’t permit the government to take property without it, regardless of whether the owner consents. If you’ve received notice of a potential taking in Forsyth County, contact our eminent domain attorneys before accepting any offer or signing documents.

Don’t wait to protect your rights. Contact us today by calling (762) 300-3484.

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Why Forsyth County Property Owners Choose Underwood Scoggins

Government condemning authorities bring their own appraisers and legal teams to every condemnation. Engaging an eminent domain attorney in Forsyth County before you accept any offer or sign any documents is an important step. It preserves your ability to challenge both the compensation amount and the scope of the taking.

Our Case Results

Led by Partner Joshua Scoggins, our team has direct experience negotiating with GDOT, local government transportation departments, and utility providers, producing settlements well above what the government initially offered. Scoggins has been selected to the Super Lawyers Rising Stars list every year from 2020 through 2024 in the eminent domain category. Our client base has ranged from individual homeowners and homeowners associations to Fortune 500 companies and large multinational corporations throughout Forsyth County, GA.

Our condemnation results include:

$13 Million-Plus Settlement: Public park condemnation, settled on the eve of trial at more than three times the government’s original offer (2023).
$550,000 Settlement: City of Kennesaw bypass condemnation where the government had appraised the property at $115,000, nearly five times the government’s figure (2023).
$320,000 Settlement: Road widening matter for a homeowners association at four times DOT’s original offer, with the standard waiver of future claims negotiated out to protect the HOA against potential future damage to community amenities (2020).

These are past results in specific cases. Prior results don’t guarantee a similar outcome in any future matter.

What Sets Our Representation Apart

The eminent domain process is complicated and time-sensitive. Here’s what we bring to every condemnation matter in Forsyth County:

Direct Experience with GDOT and Local Governments: Joshua Scoggins has negotiated directly with GDOT, local government transportation departments, and utility providers in condemnation matters throughout Forsyth County and the north Atlanta metro region.
Independent Appraisal and Valuation Strategy: Government agencies frequently undervalue property. We work with independent appraisers to establish fair market value, including severance damages for the impact on your remaining land in partial takings.
Negotiation and Litigation Readiness: Many condemnation cases resolve through negotiation. When they don’t, we’re prepared to litigate. The $13 million-plus settlement above was reached on the eve of trial.
Challenging the Taking: In some cases, property owners have grounds to contest whether the condemnation qualifies as a legitimate public use under Georgia law and HB 1313.
Timely Action: Condemnation proceedings are time-sensitive. Acting early, before you accept an offer or sign documents, is critical to protecting your interests.

Complete our contact form or call us at (762) 300-3484.

FAQs About Eminent Domain & Condemnation in Georgia

1. Can the government take my property for any reason?
No. The government can only take your property for a qualifying public use, and it must compensate you fairly. It must also follow the legal process established under Georgia eminent domain law.

2. How do I know if the government’s compensation offer is fair?
The government’s offer often doesn’t reflect the true value of your property. Having an attorney review the offer and, if warranted, obtaining an independent appraisal is a reliable way to evaluate whether you’re being compensated fairly.

3. Can I challenge the government’s right to take my property?
Yes. If you believe the government lacks valid grounds for the taking, you have the right to contest the condemnation. We can assess whether there is a legal basis for challenging the taking under Georgia law and HB 1313.

4. What if I disagree with the compensation offered?
You can negotiate or challenge the offer in court. We can represent you throughout that process and pursue the strongest available settlement.

5. How long does the eminent domain process take?
The timeline depends on case complexity and whether negotiation resolves the matter or litigation is required. Cases can range from several months to a few years. We can keep you informed and work to resolve the matter as efficiently as the facts allow.

6. Will I have to move if my property is condemned?
You may need to relocate depending on the scope of the taking. The condemning authority typically provides relocation assistance, but we can work to pursue fair compensation for any disruption the condemnation causes.

7. When should I contact a Forsyth County eminent domain attorney?
As soon as you receive notice that your property may be taken. Early action preserves your rights and your ability to seek full compensation. Don’t sign anything or accept any offer before speaking with an attorney.

Contact our firm

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