Eminent Domain
Handling Private Property Disputes Across Georgia
Eminent domain (also called condemnation) is a legal process where a government entity or quasi-government entity (such as a power or utility company) takes private property for public use. Public uses may include building or changing roads and intersections, running water, and sewer easements, or erecting dangerous and invasive power lines. Takings of private property often have adverse effects on property owners. These adverse effects vary greatly but can range from serious devaluation of the remaining parcel of land to harming the property owner's business operations on the property.
Our attorneys are experienced in defending property owners faced with loss of land or value through eminent domain. We provide committed and aggressive representation to property owners throughout the State who are faced with condemnation actions by public utilities such as Georgia Power, the Georgia Transmission Commission, the Georgia Department of Transportation (DOT), and others.
Electric Power Lines
Electric power lines present property owners with many unpleasant realities. An electric transmission or distribution line easement devalues the land it crosses and makes the land inappropriate for many types of development. The presence of an electric power line often reduces the value of surrounding land in percentage amounts ranging from 15% to 60%. Land burdened by a power line generally sells for less than other similar property and takes far longer to sell. The economic consequences for a property owner can be catastrophic.
High voltage electric transmission and distribution lines create electromagnetic fields that extend far beyond the recognizable edge of any easement. Electricity often escapes from the electric lines and travels through the ground between the poles and electric substations. The high voltage lines will produce buzzing sounds and unpleasant odors. These factors create health risks and reduce property values.
Inverse Condemnation
Inverse condemnation occurs where a government or quasi-government entity substantially and adversely affects or takes land without going through the legal condemnation process and without offering compensation to the landowner. Our firm offers experienced representation to property owners facing this type of interference with their private property. Inverse condemnation most often arises in conjunction with nuisance or trespass issues.
Road and Highway Expansion
Although everyone understands that the public needs roads, it is unfair for the owners of nearby property to absorb most or all of the costs of a road expansion. Highway authorities are often unable or unwilling to understand the particular loss that a road expansion may cause. Business owners may be particularly impacted, facing significant losses throughout the construction phase and even greater loss as a result of the new reality that a project has created.
Skilled Eminent Domain Representation
At Vaughan & Evans, we specialize in condemnation matters and in ensuring that our clients are paid just and adequate compensation, not only for the land taken but for the damage to the remaining land or affected business.
Links
Hope of Georgia
Jury awards couple largest award ever in county court
Family in Power Struggle
Family says it will sue over utility's land-appraisal value
Property Rights Abuse Reaches All Time High In Georgia
Worley v. G.T.C. Resource Documents
Schedule Your Initial Consultation
Contact our main office in Cartersville, Georgia office to schedule an appointment to discuss the impact of eminent domain, inverse condemnation or other matter. Vaughan & Evans lawyers will help you understand the legal issues involved in your case and what we can do to help. You can reach us toll free at 866-765-5173 or via e-mail. We are pleased to offer all consultations by appointment at convenient times.
