Eminent Domain / Condemnations
The “takings clause” in the Constitution gives the government the right to take private property for public use, although it must provide just compensation to the property owner. The procedure involved to accomplish such a taking can be quite complicated and involves several stages, including public hearings and negotiations with multiple parties. The property owner also has several opportunities to challenge the taking before boards, commissions and councils, or in the courts. For instance, whether the taking is truly for a public purpose and whether the settlement offered is adequate compensation, can be issues requiring formal legal methods to resolve.
The attorneys at Capers, Dunbar, Sanders & Bellotti, LLP have experience representing both property owners and the government in these matters, including representing the Georgia Department of Transportation in many cases.