Eminent Domain Georgia
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What Does Eminent Domain Mean?
Can the government take your home? Professionals with Perigon Legal Services have compiled this guide to help you understand Eminent Domain in Georgia. Call us.
Property ownership is quite clear in law— once you own something, you own it forever. You own it, and you can’t simply take it away from you. Usually, this is the case, but under certain circumstances, the government might decide to use your land. If this happens, the owner has not much choice but to accept it.
The US Constitution, however, entitles the government to take private property for public use. In exchange, just compensation is required, a practice known as eminent domain.
A skilled real estate attorney in Atlanta can help you if you feel your property has been unfairly targeted for eminent domain or you have not been adequately compensated.
How Does Eminent Domain Work?
The Georgia government has the legal right to take your property with eminent domain, regardless of whether you want to sell it or not. However, the Fifth Amendment offers some protection. Such an action must be for the public’s benefit (or “public use”), such as for constructing roads or bridges. The government further has an obligation to provide adequate and fair (or “just”) compensation to property owners in return.
Eminent domain is only to be used when there’s a need that serves the public. There is no set definition of what form this need should take, which can vary. It may involve permanently taking away your land, temporarily taking it, or just taking some rights away while allowing you to retain ownership of the property itself.
Georgia Eminent Domain Law
Although the United States Constitution grants the federal government the right to “eminent domain,” each state has its own interpretation. In Georgia, these laws are stated in Title 22 of the Georgia Code.
The right of eminent domain in Georgia means that the state has the right to reassert, either temporarily or permanently, its control over any portion of its soil in the event of public necessity.
A skilled real estate lawyer can help you determine whether the compensation you have been offered is fair market value for your property. If you need to take your case to court, a real estate dispute attorney could be of service.
How Is Property Valued Under Eminent Domain in Georgia?
How Can an Attorney Help With Eminent Domain Issues?
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