Purchasing a home is a significant accomplishment. Many people plan to stay in their homes for numerous years, if not their entire lives. But, what happens if the government approaches you about selling your property? Can you say no?
Eminent Domain in Georgia
Eminent domain laws give the government the right to seize private property if the property is going to be for public use or necessity. For example, if they want to use your land to build a government building, they can force you to sell.
Eminent domain laws also require that if the government wants to seize your property, they must offer you adequate compensation. This process begins with your property value being appraised. Then, the government will offer you a settlement amount. Typically, this offer is on the lower side of what you are entitled to. You have the right to reject the initial compensation offer and work with an attorney and the courts to secure a fairer amount.
Can I Challenge Eminent Domain?
You can challenge the offer of compensation, but can you challenge the seizure altogether? Technically, yes. You may challenge that the government is not using the land for public purposes or that taking your property is not a necessity. However, laws regarding public purpose are vague and typically work in favor of the government. If you choose to move forward with fighting eminent domain and condemnation, make sure to have legal representation by your side.
Cumming, GA Real Estate Attorneys
Josh Scoggins, partner here at Miles Hansford & Tallant, LLC is here to assist you with all of your legal real estate needs. Whether you are seeking higher compensation for your eminent domain case, need zoning assistance, or are in a property dispute, we are here to help. Call our team at (770) 574-6688 or click here to schedule a consultation with our Cumming condemnation attorneys.