Can You Refuse Eminent Domain in Georgia?

Can You Refuse Eminent Domain in Georgia?

For any landowner, the thought of having to deal with the eminent domain can be a nightmare. For those who have faced or are facing eminent domain, you may be wondering if there is any hope for your situation. 

Can eminent domain be stopped? There are many instances where a landowner can challenge the government in taking their land. In most of these cases, there must be proof that either the condemner failed to follow the proper procedure in acquiring the land, or the intended use for the land is not prohibited. A skilled eminent domain lawyer is essential to gather this evidence and fight for the landowner’s rights. 

Here is a list of situations that allow for property owners to contest eminent domain:

  • There is no authority from the conemener to condemn and seize your property 
  • The condemner doesn’t have a public purpose for the condemnation
  • There is no public project that requires your property
  • There has been no compensation offered for your property
  • Proper procedure has not been followed by the condemner in exercising authority

Who has the authority to exercise eminent domain?

Before you can fight eminent domain, it’s important to understand who has the authority to initiate an eminent domain case. A government organization or private party acting with government authorization has the right to exercise the power of eminent domain. If the person condemning the land is not authorized by the government, they cannot legally force your hand in selling your property. 

Can you refuse an eminent domain action?

In most cases, it isn’t possible to refuse an eminent domain action. The power of eminent domain is a legal right that the government has. As long as the government is acquiring the property for public use and you are being fairly compensated, there isn’t much you can do once your property has been condemned. 

Can it be stopped?

Even if you have the right attorneys on your side, and the facts, eminent domain is tough to stop, but you can make sure that you receive just compensation. The right, experienced eminent domain lawyers in Georgia may be able to prove that the condemnor doesn’t have the right to obtain your land, or that you have not been offered fair compensation in. 

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