Isabella Carter
In the state of Georgia, eminent domain refers to the right of the state to exert temporary or permanent dominion over any portion of the state's soil for the public good. This means that the government may take your land, either temporarily or permanently, if it can be demonstrated that it serves the public good. In the case of Chatham County, Georgia, the process of condemning a property involves a condemnor petitioning the superior court of the county to determine whether the property in question is blighted. This process can be contested by the landowner, but it is often difficult to prove significant detriment and an insubstantial relationship to public welfare.
| Characteristics | Values |
|---|---|
| Condemning authority | Often the Georgia Department of Transportation (GDOT) |
| Purpose | Public use, exigency, and the public good |
| Petition | Filed with the superior court of the county having jurisdiction |
| Property status | Blighted property |
| Property maintenance | Below state, county, or municipal codes for at least one year after notice of the code violation |
| Federal takings claims | Generally not ripe unless the state has failed to provide a remedy |
| Federal claims | Cannot ripen if the state provides a method of redress without just compensation |
| Court | The defendant may file appropriate pleadings and defenses |
| Intervention | Law does not provide for intervention by any person claiming interest in the property |
| Amendment of notice | Allowed if it does not adversely and substantially affect the condemnee's rights |
| Condemnor's burden of proof | Land value and consequential damages |
| Eminent domain | Permanent or temporary |
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The condemning authority
In the state of Georgia, the right of eminent domain gives the state the power to temporarily or permanently take dominion over any portion of the soil of the state for public exigency and the public good. This right can also be given to other entities by the government, as long as it is for the public good. The courts decide what constitutes "public good".
The condemnor chooses its method of procedure, to which both the condemnor and property owner are bound. The condemnor must prove the value of the land and any consequential damages. The condemnor must also petition the superior court of the county for a judgment in rem against the property to determine whether the property is blighted.
The state must demonstrate that taking property serves the public good, and this is generally not difficult to do. The power of eminent domain has been restricted by the 2006 amendment to the Georgia Constitution, which requires that any eminent domain taking in the state must be for public use and that elected county officials must approve the condemnation.
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Eminent domain
In Georgia, eminent domain gives the government the power to take your property, even if you don't want to sell. Eminent domain is supposed to be used when there is a public need, though what constitutes a "public need" is often left to the condemning authority, which is often the Georgia Department of Transportation (GDOT). The majority of eminent domain proceedings involve building or expanding roads. The government may permanently take your land, temporarily take your land, or simply take some rights to your land and allow you to keep the land itself.
In 2006, Georgia amended its constitution to require that any eminent domain taking in the state must be for "public use". This amendment, known as House Bill 1313, was a response to the Kelo v. New London case, which many saw as a clear case of government overreach. The amendment also requires elected county officials, not appointed officials, to approve the condemnation.
While the Fifth Amendment grants the government eminent domain rights, subsequent law recognizes that the government can give eminent domain power to other entities as long as the taking is for the public good. What constitutes "public good" is decided by the courts.
If you do not accept the state's offer, the state deposits its offer with the Clerk of Court in the county where the property is and takes the property anyway. However, if you do not accept the offer, you still have the chance to negotiate for more compensation.
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Public use
In Georgia, the right of eminent domain gives the state the power to temporarily or permanently take dominion over any portion of the state's soil on account of public exigency and for the public good. The state must demonstrate that taking property serves the public good, and the courts decide what constitutes "public good".
In 2006, Georgia amended its constitution to restrict the state's ability to exercise eminent domain powers. Any eminent domain taking in the state must be for "public use". The amendment requires elected county officials, not appointed officials, to approve the condemnation.
Eminent domain is used when there is a public need, though what form that need takes is often left to the condemning authority. The government may permanently or temporarily take the land or simply take some rights on the land and allow the owner to keep the land itself.
In Georgia, a condemnor seeking to condemn property for public use shall first petition the superior court of the county having jurisdiction for a judgment in rem against such property, seeking a determination as to whether the property complained of in the petition is blighted property. The condemnor has the burden of proving land value and consequential damages.
An example of eminent domain in action is when an individual owns several acres of land near a school. The government decides to expand the school as the community grows and starts an eminent domain proceeding to take some or all of their property.
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Property owner rights
In Georgia, the right of eminent domain gives the state the power to temporarily or permanently take dominion over any portion of land in the state in the name of public exigency and for the public good. This means that the government may permanently or temporarily take your land, or simply take some rights to your land and allow you to keep the land itself.
The state must demonstrate that taking your property serves the public good. If the state does not prove that it needs the land for public use, it cannot exercise its right of eminent domain.
In 2006, Georgia amended its constitution to restrict the state's ability to exercise eminent domain powers. The amendment, known as the Landowner's Bill of Rights and Private Property Protection Act, requires that any eminent domain taking in the state must be for "public use". It also requires elected county officials, not appointed officials, to approve the condemnation.
Property owners in Chatham County, Georgia, have certain rights and responsibilities. For example, property owners are responsible for preparing, separating, storing, and placing waste for curbside collection. They also have the right to self-manage yard waste materials. Additionally, property owners in Chatham County have the right to appeal their property value assessment if they believe it to be inaccurate. New legislation has also introduced a revised, state-wide notice format, changing the layout and content of annual notices.
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Compensation
When it comes to property condemnation in Chatham County, Georgia, the government, GDOT, or a utility company can only take your property if you are compensated. This process is known as eminent domain, which refers to the legal method the government uses to take your property without your consent. The Fifth Amendment to the U.S. Constitution states that private property cannot be taken for public use by the government without just compensation, which is typically the fair market value of the property.
While the Fifth Amendment guarantees just compensation, it does not define what constitutes "just" compensation. This often leads to confusion among property owners, who may accept a lower offer than their property is worth. When the government initiates an eminent domain taking, they will make an offer for the property. They are not required to disclose how they arrived at this offer, and if you do not accept, they will deposit the offer with the Clerk of Court and take the property anyway.
The burden of proof to show the value of the land taken and any consequential damages to the remaining property falls on the condemnor, as demonstrated in State Hwy. Dep't v. Smith, 111 Ga. App. 292, 141 S.E.2d 590 (1965). In this case, the sole question for assessors or a jury is the amount of compensation to be paid to the property owner.
If you are facing an eminent domain taking, it is important to remember that you have rights. You can negotiate for higher compensation, as in the case of a mechanic shop owner who lost parking due to DOT construction and received 3x the initial offer for whole business loss compensation. You also have the right to appeal the award of assessors in a condemnation proceeding, as seen in Georgia Power Co. v. Lightfoot, 97 Ga. App. 330, 103 S.E.2d 99 (1958).
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Frequently asked questions
In Georgia, eminent domain is the right of the state to reassert temporary or permanent dominion over any portion of the state's soil for public exigency and the public good.
The term "public good" is nebulous, but it refers to public use. The courts decide what constitutes "public good".
A condemnor seeking to condemn property for public use must first petition the superior court of the county having jurisdiction for a judgment in rem against such property. The petition must determine whether the property is blighted property.
The condemnor chooses its method of procedure, which is then followed by the property owner. The condemnor has the burden of proving land value and consequential damages.
The government may permanently or temporarily take your land or simply take some rights to your land and allow you to keep the land itself. You have the right to receive compensation for your land, and you can negotiate for more compensation if you do not accept the initial offer.
