Eminent Domain

Cumming Eminent Domain Attorneys Protect Property Rights

Real estate litigation lawyers fight for fair compensation

Growth throughout the state of Georgia in recent years has led to an increase in eminent domain takings for infrastructure development. While eminent domain is a necessary tool empowering government to serve the common good, unchecked power can easily lead to the abuse of private property rights. The U.S. Constitution requires government entities to fairly compensate property owners for any takings, but the government’s idea of what’s fair is often open to question. Fortunately, the real estate litigation attorneys at Lipscomb, Johnson, Sleister, Dailey & Smith, LLP have vast experience in eminent domain disputes. We have helped numerous property owners secure reasonable settlements and fight unjustified takings.

Practical solutions to eminent domain disputes

Our real estate litigation attorneys assist residential and commercial property owners in disputes over land rights with local, state and federal government entities. Our first task is to understand your goals in your dispute. Do you want to retain use and control of your property, or simply get the best price? We can then assess your legal options and suggest strategies for achieving the best possible outcome under the facts of your case. Solutions to land takings can include:

  • Price negotiation — The initial offer you get from the government rarely reflects the market value of your property. We obtain reliable assessments that truly reflect what your property is worth in a competitive market.
  • Initiating inverse condemnation actions — Government intrusion often harms the value of private property, but government entities usually refuse to admit their actions have a negative impact. An inverse condemnation allows you to reverse the eminent domain process and file a claim for the lost value of your land.
  • Challenging takings for lack of a legitimate purpose — The Supreme Court of the United States liberalized eminent domain in Kelo v City of New London (2005), holding that the government could take private property for a “public purpose” rather than for actual “use” by the public. We act to protect you from public domain takings that enrich another private party at your expense.
  • Obtaining compensation for the disruption to your life — Especially when eminent domain takings affect a private residence, owners have a right to be compensated for any unreasonable inconvenience the action causes.

Often, the government will initiate condemnation proceedings when a less intrusive solution, such as an easement, would suffice. Our attorneys have the knowledge and experience to reach negotiated solutions that protect your rights.

Contact our real estate lawyers for practical eminent domain solutions in Georgia

Eminent domain disputes require extensive experience to successfully manage. The commercial real estate attorneys at Lipscomb, Johnson, Sleister, Dailey & Smith, LLP can quickly and thoroughly assesses your case and recommend appropriate strategies. Call our Cumming office at 470-839-9467 or contact us online to schedule a consultation.