Eminent Domain and Condemnation Lawyers

Eminent domain is the fundamental power of the government to take private property for a public purpose. The Georgia Constitution provides that the government cannot take or damage your private property for public purposes without first paying just and adequate compensation for the value of your property.

Since 1989, the trial lawyers of Pursley Lowery Meeks LLP have devoted special attention to obtaining just and adequate compensation for our clients when their business, residential or commercial property is taken for public use.  We represent a variety of property owners, including corporations, small business owners and individuals in condemnation proceedings and acquisitions brought by state, county and local governments.

Charles Pursley Wrote the Book on Eminent Domain Law in Georgia

One of our law firm's distinguished senior members, Charles N. Pursley Jr. authored Georgia Eminent Domain, originally published by the Harrison Company.  Mr. Pursley continues in private practice and serves as a speaker at a host of legal seminars sponsored by the Georgia Institute of Continuing Legal Education. He also received the inaugural Lifetime Achievement Award in the practice of eminent domain, an award that is given in his name each year by the Eminent Domain Section of the State Bar of Georgia.
 

ABA Section of Litigation's Eminent Domain Compendium of the 50 States. 

Partner Christian Torgrimson is the Georgia editor for Law and Procedure of Eminent Domain in the Fifty States, a nationwide compendium of condemnation laws across the fifty states published by the American Bar Association Section of Litigation's Committee on Condemnation, Zoning & Land Use.  The compendium will be published as a hard copy desk reference by the ABA. 

Obtaining Just and Adequate Compensation

Under the State's power of eminent domain, all private property, and any interest in that property, are subject to being condemned for public purposes so long as just and adequate compensation is first paid by the condemning body.  Private property includes not only the actual land but also any leasehold values, trade fixtures, access rights, air rights, easements, and business values that you may own in or on the property.

Just and adequate compensation is the fair market value of the land that is taken, plus consequential damages or benefits to any remaining property.  Such compensation may extend to damage incurred by your business, which may be caused by a variety of impacts from the taking of the land, such as loss of access to the property, loss of signage or a loss of parking spaces.  The measure of business damages is the difference in the fair market value of the business before and after the taking, including lost profits, loss of customers, or decrease in earning capacity.  Business damages typically are not a part of the condemning authority's good-faith estimate or its initial  offer during the acquisition phase.  However, a business damage claim can be vital to ensuring that your business continues to operate, despite the condemnation.

While there are a number of legal limitations on what can be recovered under Georgia law, the value of the land taken, consequential damages, and business damages, can be substantial in condemnation cases .  Therefore, it is important to have an experienced, skilled condemnation lawyer in your corner.  Our attorneys have substantial experience and credibility negotiating with and presenting viable claims to condemning authorities in Georgia.  This experience has resulted in a proven track record of resolving many condemnation cases and claims for our clients in an effective manner without costly litigation.

Contact Pursley Lowery Meeks LLP about Condemnation Defense

To discuss the specifics of your property or business concerns, contact our law offices.