Eminent Domain and Condemnation

Overview

A governmental entity or those empowered with eminent domain authority (such as certain utilities) cannot take or damage private property without paying just and adequate compensation for the property rights taken. Depending on the situation, these rights may extend to the owners of land as well as any tenants or other claimants. Hull Barrett has extensive experience in trying and negotiating various types of takings cases under both state and federal constitutional principles, in both direct condemnations as well as “inverse” condemnations.

Importance of Eminent Domain and Condemnation Law

One of the fundamental rights we enjoy in our society is the right to use and possess property. That use and ownership, though, is still subject to the ultimate authority of the government to acquire property for the public good. The Constitution of the United States of America, and the various State constitutions, each provide protections against the arbitrary or improper confiscation of property by the government. The resultant body of law – known as “eminent domain,” or more colloquially as “condemnation law” – seeks to ensure that the government only exercises its authority in proper circumstances and that it pays just and adequate compensation for proper takings of property interests.

Representative Clients   

  • Local Governments
  • Utility Companies
  • Commercial and Industrial Property Owners
  • Shopping Centers
  • Apartment Complexes
  • Developers and Owners of Developable Tracts
  • Banks and Lending Institutions
  • Residential Property Owners
  • Conservation Use Land Owners
  • Agricultural Use Land
  • Business Tenants
  • Residential Tenants

Representative Experience

  •  Represented scores of property owners and businesses whose land was slated for acquisition or condemnation by the Georgia Department of Transportation, local governments, or other entities, to arrive at mutually-agreed upon resolutions; changes to engineering plans to accommodate the client; or litigation to obtain just and adequate compensation for the property taken.
  • Represented condemning authorities in obtaining title to properties and in resolving eminent domain disputes.