Projects for public benefit sometimes require government intervention. State statutes in Georgia allow government authorities and businesses hired to complete major projects for public benefit to purchase real property. Under eminent domain statutes, property owners...
Eminent domain laws protect the rights of the public and the government at the expense of individuals. When a large project requires real property, eminent domain laws allow for the forced sale of private property. The organization preparing for a highway expansion or...
Homeowners and businesses located near a busy road or highway may initially feel excited about a newly-announced expansion project. More traffic could mean an increase in property values or revenue for the business. However, highway expansions and similar projects can...
Those who own real property usually have the right to decide when to sell that property to another party. Occasionally, the law does allow government entities to force the sale of a property for the completion of certain projects. Projects intended for the public...
People often think of real property ownership rights as immutable. Once someone takes title to a parcel, residential property or commercial space, they likely expect to continue owning that property until they die or decide to sell. However, there is a third scenario...
Families throughout Georgia are getting letters from railroad companies claiming that they need to use their land to expand their lines. They may argue that the move is beneficial for the community, but is it? And can these companies move forward with their plans and...
Eminent domain is the legal system that allows the government to lay claim to the real property of an individual or business. Either through a negotiated sale or a condemnation, the state government can effectively force a property owner to transfer ownership to...
Eminent domain, condemnation, and inverse condemnation are all related to the government's ability to take private property for public use. While they are related concepts, they have distinct differences – and it’s smart to know the terminology being thrown around if...
The government typically cannot take your land without providing you with some type of compensation. This doesn’t mean that they can’t take it for certain purposes, which is why eminent domain laws were created. There are times when they will need to use a property...
When you purchase a piece of property, you may find out that it has an existing easement. It’s worth noting that this should be disclosed to you before you make the offer. The seller has to tell you that the easement exists so that you can take it into account when...
