Can the Government just take my property?

By: Kara L. Webb, Esq.

Eminent domain, also known as condemnation, is the legal process that has been established to allow governments, public utilities and other condemning authorities to seize private property for a public use.  The eminent domain process can only be stopped if the proposed taking is not for a public purpose or if a court determines there has been fraud, bad faith, or clear abuses of discretion by the condemning authority.  While it can be difficult to stop, you have a constitutional right to be paid just and adequate compensation for those property rights taken.  

If the local government is proposing an acquisition of your property, you must act swiftly and become informed of your rights.  You do not have to settle for the initial offer that is given to you, which can often be a low offer, or an offer which does not include compensation for all the rights being affected.   Because of the highly specialized and complex nature of eminent domain law, it is to your advantage to consult with an experienced eminent domain lawyer.  Here are just a few of the ways an experienced eminent domain attorney can assist you:  

·         Understand the effect of the acquisition on your property.

·         Negotiate your case to obtain the just and adequate compensation you deserve.

·         Identify the necessary experts to remediate your property and/or support your case.

·         Negotiate possible construction design changes to lessen the impact on your property.

·         Assist through the closing process if an agreement can be reached.

·         Take your case to trial if a negotiated settlement cannot be obtained.

If you are facing a possible condemnation, then it is imperative that you understand the process fully so that you can protect your rights.  The Law Offices of Mark Weinstein, PC and its attorneys have over 25 years of eminent domain experience representing both governments and private property owners.  We are committed to defending your rights to ensure that you receive the just and adequate compensation you deserve.  Contact our firm today at 770-888-7707 to receive a free initial consultation.  

Kara L. Webb is a real estate attorney with the Law Offices of Mark Weinstein, P.C. in Cumming, Georgia.  Ms. Webb’s practice focuses on eminent domain law, real estate transactions and real estate litigation.  A Martindale-Hubbell AV Preeminent® rated attorney with over 10 years of experience, Ms. Webb is admitted to practice law in Georgia, Tennessee and Michigan.