Eminent Domain

          We have experience 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 or the Georgia Transmission Corporation, the Georgia Department of Transportation (“DOT”), and others.

Links

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

Electric Powerlines

          Electric powerlines 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 powerline often reduces the value of surrounding land in percentage amounts ranging from 15% to 60%.   Land burdened by a powerline 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. 

          Adding insult to injury, Property owners must pay property taxes on land occupied by the electric powerline even though they are severely restricted in the things they can do on the land. For example, pursuant to the “High-Voltage Safety Act” a property owner is guilty of a crime and faces imprisonment if he or she carries a ladder beneath an electric transmission line without giving the electric company 72 hours notice.   See, O.C.G.A. 46-3-30, et seq.  

Road & Highway Expansion

          Although everyone understands that the public needs roads, it is unfair for the owners of nearby property to absorb the 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.