Evans Law Firm FindLaw IM Template 2026-06-23T15:22:23Z https://www.evansfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1501976/2020/02/cropped-fav-icon-32x32.jpg On Behalf of Evans Law Firm <![CDATA[Questions farmers should ask about infrastructure projects]]> https://www.evansfirm.com/?p=48179 2026-06-23T15:22:23Z 2026-06-23T15:22:23Z What to know about a proposed project When farmers first hear about a proposed project, they usually want to know how it could affect their property. Common questions include:
  • What type of project is planned? The proposal may involve a road expansion, a transmission line, utility work or a pipeline.
  • Will the project use part of my property? Some projects involve acquiring land, while others involve easements or temporary construction access.
  • How could the project affect my farming activities? Construction may change equipment routes, limit access to fields or affect irrigation systems and fencing.
  • Will I still be able to access my property the same way? Road improvements sometimes alter driveways, entrances and nearby traffic patterns.
  • Could the project affect future plans for my land? Some projects limit where structures, roads or other improvements can go.
  • What construction activities will take place? The location and duration of the work can affect how parts of the property function during construction.
  • Could the effects extend beyond the construction area? Changes to access, use and future development potential can affect the value and function of the remaining property.
These questions focus on practical concerns that many farmers have when infrastructure projects reach rural communities.

If a project could affect your farm operations

Learning that a project may affect your farm does not necessarily mean that you have to accept every aspect of the proposal. Depending on the type of project, property owners sometimes have opportunities to ask questions, review project plans, raise concerns about access and learn more about how the project could affect the use of their land. For many farmers, the focus extends beyond the area directly involved in construction. Changes to entrances, easements and future use of the property can affect how the entire farm operates. That is why some landowners take a closer look at the project's effects on access, daily operations and the remaining property before deciding what the proposal could mean for their farm.]]> On Behalf of Evans Law Firm <![CDATA[Can a Georgia animal shelter stop eminent domain?]]> https://www.evansfirm.com/?p=48167 2026-03-30T15:03:25Z 2026-03-30T15:03:25Z Understand the limits of public purpose Georgia law allows government bodies to take land for public projects. But, it doesn’t mean it is all powerful and is still held by specific legal boundaries. You should push back if a project primarily helps a private party. Some officials use "economic development" as a reason to steer land toward specific developers. This move often raises red flags under the Georgia Landowner’s Bill of Rights. Start by requesting all project records and the stated purpose. Compare those official claims to the actual project plan. You could say that their claim doesn’t serve a legitimate purpose when corners are cut or the agency skips steps. This applies if they change reasons midstream or target you without a clear goal.

Challenge the necessity of the project

Even valid public projects must prove a "need" for your specific site. This issue matters when the agency picks your shelter despite having better options. You can question their route choices and the size of the project footprint. Georgia courts usually require proof of bad faith to overturn these site selections. You strengthen your position when you present objective facts rather than emotion. Focus on gathering these specific items:
  • Site maps that show workable alternate locations for the project
  • Detailed records of shelter services including intake and adoption numbers
  • Proof of property investment such as recent permits and expansion plans
  • Expert input on why moving the facility harms animal welfare
  • Photos showing how your shelter operates as a vital community asset
These collected documents frame your property as a necessary resource instead of a disposable lot.

Act quickly when you receive a notice

Eminent domain fights often start long before anyone enters a courtroom. You must act immediately once you receive letters, surveys or meeting notices. Attend every public hearing and submit your written objections to the record. Georgia’s legal process moves fast once an agency files a formal petition. Getting legal advice early can help you protect your rights and make sure you are aware of all your options.

Know where you stand

Your Georgia animal shelter stays necessary regardless of what a developer claims. If the “public purpose” for a taking feels flimsy or hard to justify, you may be able to challenge it. The goal is to find a fair balance—supporting Georgia’s growth while still protecting the local organizations that make communities great places to live.]]> On Behalf of Evans Law Firm <![CDATA[What to know when tree trimming affects your property]]> https://www.evansfirm.com/?p=48164 2025-12-29T10:25:28Z 2025-12-29T10:24:33Z When tree trimming may exceed what is allowed Tree trimming usually begins as routine maintenance related to safety or access. Problems arise when crews remove more than the job requires or work outside their authority. Though workers may claim the rimming is essential, they rarely explain why they chose specific trees. Tree trimming may exceed proper limits when crews:
  • Cut trees outside the recorded easement area
  • Label healthy trees as “danger trees” without explanation
  • Remove shade, privacy or visual buffers unnecessarily
  • Damage lawns, fences or drainage with heavy equipment
  • Leave branches, logs or debris behind after finishing work
At this point, the work no longer qualifies as routine maintenance. It directly disrupts how your property looks, feels and functions.

Who controls tree trimming on private property

Utility companies and government agencies may hold easement rights, but those rights have clear limits. An easement allows access for a specific purpose. It does not grant unrestricted control over private land. Work crews must stay within the easement area and directly connect their activities to the stated project. Even agencies like the Georgia Department of Transportation must respect these boundaries when entering private property. They cannot remove trees or disturb land simply because a larger project exists nearby. Understanding this distinction helps property owners identify when trimming crosses permitted lines.

How tree trimming can change property value

Mature trees contribute to a property’s value by providing privacy, shade, noise reduction and visual appeal. When these features disappear, the property can feel exposed or less usable, potentially affecting how buyers, neighbors or future appraisers view the land. These changes matter for homes, farms and small businesses, especially along expanding roads where traffic and noise already increase. Because tree loss can influence how a property is perceived and used, documenting the impact is very important. Clear photos and videos taken before cleanup can show the extent of the trimming. Notes that list dates, locations and visible damage help preserve evidence of what occurred. Consider delaying repairs that might remove visible evidence. Receipts for cleanup or records showing the loss of trees and landscaping can help show how trimming affected the property beyond appearance alone.

Understanding your position as a property owner

Tree trimming tied to public or utility projects does not erase your protections as a property owner’s protections. Limits still apply, even during major infrastructure work. When you understand these limits, you can respond with clarity instead of feeling powerless after damage occurs.]]> On Behalf of Evans Law Firm <![CDATA[Why the DOT’s first offer for your land is almost never their best]]> https://www.evansfirm.com/?p=48162 2025-09-23T16:24:20Z 2025-09-23T16:24:20Z What your compensation should include The DOT’s initial appraisal is typically straightforward: it calculates the fair market value of the specific parcel of land. However, Georgia's eminent domain laws state that you are entitled to “just and adequate compensation,” which often goes further than that. Under the law, true compensation includes two parts: payment for the land the government takes and payment for any loss in value to your remaining property. This second part, known as “consequential damages,” is the key to a truly fair offer, yet the government’s initial calculation often overlooks it.

What consequential damages look like in the real world

What do these damages actually look like for you? They are the tangible, day-to-day problems that permanently harm your property’s usefulness and value after a completed project. These are the kinds of issues a standard government appraisal may not fully consider, such as:
  • For homeowners: A new median that makes entering your driveway dangerous or increased traffic noise that devalues your home.
  • For business owners: The loss of essential parking spaces that prevents customers or delivery trucks from accessing your store, killing revenue.
  • For farmers: A new road that cuts a field in half, making the remaining land difficult or impossible to farm efficiently.
Because these losses are so significant, you need to understand your rights as the property owner.

You have the right to challenge the offer

The Constitution protects your right to just compensation, so you never have to accept the government's first offer. To recover the full value you deserve, present your own evidence and a specialized appraisal that documents all the damages the initial offer ignored. If you have received an offer for your property, consider speaking with an experienced eminent domain attorney. They will help you understand your rights and fight for your rightful compensation.]]> On Behalf of Evans Law Firm <![CDATA[3 times a property owner can terminate an easement]]> https://www.evansfirm.com/?p=48151 2025-06-29T21:43:48Z 2025-06-29T21:43:48Z 1. Through agreement In scenarios where an easement extends rights to family members, neighbors or local businesses, there may come a point where the easement is no longer necessary. In such scenarios, both parties may agree to sign a document extinguishing the easement. The property owner can then take the appropriate legal steps to update the title records for the property to reflect that the easement is no longer in effect.

2. Through abandonment

For an easement to remain in effect, the party granted access generally needs to routinely make use of that right. The failure to do so could lead to allegations of abandoning the easement. If years have passed since the last time the easement proved useful, the property owner could take legal action to remove the easement by asserting abandonment and therefore a lack of need for the easement.

3. Through expiration

Some easements include specific termination dates. One party may only have access for a certain number of years. Other times, the easement might theoretically extinguish when certain conditions are met. A property owner using an easement to access their home without road frontage may have agreed to terms allowing for the termination of the easement once they have a driveway installed. There are also other, less common scenarios in which property owners can extinguish an easement with or without the cooperation of the party granted access through the easement. Discussing property concerns and the terms of a current easement with a skilled legal team can help property owners determine if extinguishing an easement is realistic. Those who discuss their concerns with someone familiar with real estate laws can understand their options and take appropriate actions to resolve their concerns.]]> On Behalf of Evans Law Firm <![CDATA[When a public project damages the value of nearby property]]> https://www.evansfirm.com/?p=48150 2025-04-10T21:14:15Z 2025-04-10T21:14:15Z 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 may find themselves forced to sell their real estate holdings. The party overseeing the project may make an offer to purchase property in many cases. Homeowners can agree or negotiate. When there's conflict, litigation might be necessary. The condemnation process can force a property owner to sell real estate for projects intended for public benefit. In some cases, property owners feel grateful that their land or buildings weren't subject to condemnation. However, after the project is complete, owners may notice issues. The project may have diminished the value of their property.

How projects can affect property value

There are many ways in which projects intended for public benefit could have a negative impact on local property owners. If the project involves the creation or expansion of roadways, increased traffic could make accessing a home or business parking lot far more hazardous. Business owners may find that they struggle to generate the same amount of revenue now that local customers cannot easily access their facilities. Those who retain residential properties after a project for public benefit may find that traffic noises affect their ability to live in the home comfortably. They may also have difficulty getting in and out of the driveway every day. A host of other issues could also arise depending on the nature of the project. In such cases, inverse condemnation might be an option.

What is inverse condemnation?

Traditional condemnation occurs when state authorities force the sale of real property for a public project. Inverse condemnation involves a property owner who did not sell their real estate asking for compensation because the project has diminished their property value. Typically, the property owner pursuing inverse condemnation relief needs to show how the project has affected the use of the property and potentially decreased its fair market value. Provided that there is documentation regarding the increase in traffic or other issues associated with the project, the property owner may be able to ask the state for compensation. Documenting the issues related to an eminent domain project and determining the impact the project may have had on the property’s value can be a complex process. Real estate owners often need help asserting themselves and protecting the investment that they previously made in real estate after a project for public good starts affecting their use of the property. Seeking guidance is a good way to start.]]> On Behalf of Evans Law Firm <![CDATA[3 possible options when facing eminent domain property claims]]> https://www.evansfirm.com/?p=48146 2026-03-08T16:00:25Z 2025-01-09T21:12:31Z Prove the project isn't for public benefit Eminent domain laws generally only apply to projects for the public benefit. The decision to erect a strip mall on the edge of an expanding community is likely more about the enrichment of the property management company or businesses moving into the facility rather than the benefit of the local community. Historically, property owners have been able to successfully challenge eminent domain sales in cases where the proposed project is more about private enterprise than public benefit. Private businesses typically can't force people to sell their real property.

Counter the proposed price

In some cases, condemnation is likely to be successful. However, the amount proposed for the acquisition of the property might be unrealistically low. Homeowners can sometimes fight condemnation by asserting that the amount of compensation offered does not reflect the current fair market value of the home or for a parcel of unimproved land. The condemning authority has to provide fair and appropriate compensation based on what the property is worth.

Find an alternate solution

Sometimes, the party proposing the project makes demands based on the most expedient solution. It might be possible to alter the project to preserve some of the properties that could be affected otherwise. In cases involving large parcels, it may be possible to divide an existing real property parcel into multiple smaller parcels. Doing so could allow the owner to preserve some of their land or their residence while dividing off the property required to complete the project. Every case involving eminent domain regulations is unique and requires careful review. Property owners trying to preserve their investments often need assistance developing a strategy to reduce the impact of condemnation, and that’s okay.]]> On Behalf of Evans Law Firm <![CDATA[Addressing impairment of access after a highway expansion]]> https://www.evansfirm.com/?p=48145 2024-10-05T18:15:44Z 2024-10-05T18:15:44Z Inaccessible properties may drop in value When a homeowner cannot easily and reliably access a property, the value of the property may decline. If they attempt to sell the property, prospective buyers are likely to consider the difficulty involved in accessing the property when they determine whether they want to make an offer and how much they think the property is worth. For business owners, access issues might mean that customers pass them by and start patronizing other businesses. If they view getting in and out of the parking lot as a safety hazard, they may do their shopping elsewhere. When impairment of access caused by a road expansion negatively affects property values or business revenue, it may be possible to take legal action. Reverse condemnation is the process through which real property owners hold the authorities that completed the project accountable for the negative impact that project has on property values. They may be able to receive compensation for the impact that the expanded roadway has had on their access to the property. Such cases often require careful preparation. It can be difficult to accurately quantify how challenges involving property access affect the value of a property and the finances of the owner. Property owners negatively affected by recently expanded roadways may need help addressing the complications that arise after the completion of the project. Seeking compensation in civil court is a reasonable reaction for those whose biggest investment declines in value due to circumstances outside of their control.]]> On Behalf of Evans Law Firm <![CDATA[Why condemning authorities may make low offers]]> https://www.evansfirm.com/?p=48144 2024-07-11T23:45:22Z 2024-07-11T23:45:22Z Improvements may not be readily apparent Factors including the current taxable value of the property and the sale prices of comparable homes nearby influence the amount offered in an eminent domain scenario. Many homeowners make planned improvements to properties as a way of increasing property value. Remodeling a kitchen or converting an extra closet into a half bathroom can significantly increase what a property is worth. The party condemning the property may not be aware of changes made to the home that could influence its value. A professional appraisal is sometimes necessary to establish what the home is likely worth given the condition of its interior spaces.

Keeping costs low is often a priority

Even government entities planning large projects have to think carefully about budgetary constraints. Offering too much for individual properties to simply speed up the process through generosity can lead to financial strain. Given that the law only requires offering the fair market value, many entities with the power to condemn a property make the lowest reasonable offer they can. That way, as much of the budget as possible goes to construction and other costs. That desire to keep costs low is in direct conflict with the desire of local residents to receive a fair payout for the involuntary sale of their primary residences. One of the many possible responses to an eminent domain condemnation effort is to counter the amount offered by proving that it is unreasonably low. Pushing for appropriate compensation can help those facing eminent domain claims move on with their lives after securing fair compensation for the loss of their property.]]> On Behalf of Evans Law Firm <![CDATA[3 ways tree trimming by companies can cause losses]]> https://www.evansfirm.com/?p=48105 2024-04-18T23:47:38Z 2024-04-18T23:47:38Z affects the visibility of billboard advertisements. Unfortunately, trimming trees on residential parcels can cause several different financial losses for a property owner. The following are the most common.

Trimming can kill or devalue trees

The most obvious issue with tree trimming is that it could ultimately kill a tree. Sometimes, removing a limb could be enough to introduce a fungus or pest to the tree that might ultimately kill it. Other times, repeated trimming efforts may diminish the foliage of a tree to a point where it can no longer survive. Not only does the homeowner need to address the removal of the tree, but their property value may drop because the tree died or now looks unattractive and lopsided.

Trimming can damage to the surrounding terrain

Tree trimming often involves specialized equipment, including heavy trucks. When the companies hired to trim tree branches are not cautious in how they approach the process, they could dig up the grass nearby or cause damage to other valuable plant life. Homeowners may then have unsightly tire tracks marking up their front yards that they have to pay to fill in with new topsoil. They may also need to invest in replacement grass, which can be quite costly depending on what currently grows in their yard and the time of year when the incident occurs.

The owner may need to dispose of branches

Companies that come through and trim trees often simply cut branches and limbs and then leave them in the yard. Homeowners may need to pay to have them hauled away or rent equipment to convert the downed branches and limbs into wood chips. Failing to do so in a timely manner could potentially lead to fines depending on where someone lives and local community standards. Property owners do have rights even when outside parties may theoretically have the option of trimming tree branches. They could challenge the allegation that certain branches pose a threat to power lines or affect the visibility of a billboard. They could also ask to be present when trimming occurs or seek reimbursement for damages caused by the trimming. Learning about the laws that apply to tree trimming near power lines in Georgia can help people assert their basic property rights. The decision to take legal action could be a reasonable response to improper tree trimming that generates costs or damages property values.]]>