Eminent Domain Attorney in Forsyth County

The Eminent Domain & Condemnation Process in Georgia

While every eminent domain case is different, the process in Georgia generally follows these steps:

• Notification of Taking: You’ll receive formal notice that the government or private entity intends to take your property, including the reason for the taking, the intended use of the land, and the offered compensation.
• Appraisal: The condemning authority will conduct an appraisal to determine property value. You can obtain an independent appraisal during this phase to counter the government’s figure.
• Negotiation: Many cases resolve through negotiation. Having an attorney at this stage is critical to pursuing fair compensation.
• Filing a Lawsuit: If a fair agreement isn’t reached, the government or private entity may file a condemnation lawsuit. If the court grants the petition, a separate proceeding establishes the full compensation amount.
• Final Judgment: The court issues a final judgment on compensation, which may include payment for property value, moving expenses, and other related costs.

Can I Refuse Eminent Domain?

Outright refusal of a government taking is rarely successful in Georgia. In most cases, the government’s right to take is upheld when it meets the public use standard established by the Fifth Amendment and Georgia law. Property owners can challenge a taking on two distinct grounds: contesting whether the taking qualifies as a legitimate public use, and disputing the adequacy of the compensation offered.

Disputing compensation is the more frequently successful avenue. Government appraisals routinely undervalue the property being taken, and an independent appraisal combined with experienced legal representation can lead to significantly higher settlements. Our results show what that difference can look like: in a 2020 road widening matter, we obtained a $320,000 settlement for a homeowners association where DOT’s original offer was $80,000, four times the government’s figure. Even when the taking itself proceeds, our representation in condemnation proceedings has produced settlements three to five times greater than the government’s original appraisal. These are past results in individual cases; outcomes vary based on the facts and circumstances of each matter.

The Fifth Amendment requires just compensation. Georgia law doesn’t permit the government to take property without it, regardless of whether the owner consents. If you’ve received notice of a potential taking in Forsyth County, contact our eminent domain attorneys before accepting any offer or signing documents.

Don’t wait to protect your rights. Contact us today by calling (762) 300-3484.

Why Forsyth County Property Owners Choose Scoggins Law Group

Government condemning authorities bring their own appraisers and legal teams to every condemnation. Engaging an eminent domain attorney in Forsyth County before you accept any offer or sign any documents is an important step. It preserves your ability to challenge both the compensation amount and the scope of the taking.

Our Case Results

Led by Partner Joshua Scoggins, our team has direct experience negotiating with GDOT, local government transportation departments, and utility providers, producing settlements well above what the government initially offered. Scoggins has been selected to the Super Lawyers Rising Stars list every year from 2020 through 2024 in the eminent domain category. Our client base has ranged from individual homeowners and homeowners associations to Fortune 500 companies and large multinational corporations throughout Forsyth County, GA.

Our condemnation results include:

• $13 Million-Plus Settlement: Public park condemnation, settled on the eve of trial at more than three times the government’s original offer (2023).
• $550,000 Settlement: City of Kennesaw bypass condemnation where the government had appraised the property at $115,000, nearly five times the government’s figure (2023).
• $320,000 Settlement: Road widening matter for a homeowners association at four times DOT’s original offer, with the standard waiver of future claims negotiated out to protect the HOA against potential future damage to community amenities (2020).

These are past results in specific cases. Prior results don’t guarantee a similar outcome in any future matter.

What Sets Our Representation Apart

The eminent domain process is complicated and time-sensitive. Here’s what we bring to every condemnation matter in Forsyth County:

• Direct Experience with GDOT and Local Governments: Joshua Scoggins has negotiated directly with GDOT, local government transportation departments, and utility providers in condemnation matters throughout Forsyth County and the north Atlanta metro region.
• Independent Appraisal and Valuation Strategy: Government agencies frequently undervalue property. We work with independent appraisers to establish fair market value, including severance damages for the impact on your remaining land in partial takings.
• Negotiation and Litigation Readiness: Many condemnation cases resolve through negotiation. When they don’t, we’re prepared to litigate. The $13 million-plus settlement above was reached on the eve of trial.
• Challenging the Taking: In some cases, property owners have grounds to contest whether the condemnation qualifies as a legitimate public use under Georgia law and HB 1313.
• Timely Action: Condemnation proceedings are time-sensitive. Acting early, before you accept an offer or sign documents, is critical to protecting your interests.

Complete our contact form or call us at (762) 300-3484.

FAQs About Eminent Domain & Condemnation in Georgia

1. Can the government take my property for any reason?
No. The government can only take your property for a qualifying public use, and it must compensate you fairly. It must also follow the legal process established under Georgia eminent domain law.

2. How do I know if the government’s compensation offer is fair?
The government’s offer often doesn’t reflect the true value of your property. Having an attorney review the offer and, if warranted, obtaining an independent appraisal is a reliable way to evaluate whether you’re being compensated fairly.

3. Can I challenge the government’s right to take my property?
Yes. If you believe the government lacks valid grounds for the taking, you have the right to contest the condemnation. We can assess whether there is a legal basis for challenging the taking under Georgia law and HB 1313.

4. What if I disagree with the compensation offered?
You can negotiate or challenge the offer in court. We can represent you throughout that process and pursue the strongest available settlement.

5. How long does the eminent domain process take?
The timeline depends on case complexity and whether negotiation resolves the matter or litigation is required. Cases can range from several months to a few years. We can keep you informed and work to resolve the matter as efficiently as the facts allow.

6. Will I have to move if my property is condemned?
You may need to relocate depending on the scope of the taking. The condemning authority typically provides relocation assistance, but we can work to pursue fair compensation for any disruption the condemnation causes.

7. When should I contact a Forsyth County eminent domain attorney?
As soon as you receive notice that your property may be taken. Early action preserves your rights and your ability to seek full compensation. Don’t sign anything or accept any offer before speaking with an attorney.

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