Once an eminent domain claim has begun, it is very difficult to stop a public project entirely. Instead, property owners should focus on negotiating just compensation, and trying to reduce or mitigate the effects of a taking.

GlobeSt.com: How does eminent domain work in Georgia and how often does it happen?

Torgrimson: As growth and development have continued across the state, we are seeing more road projects resulting in the use of condemnation authority. Georgia is one of the most active states in the country for public works projects.

The Georgia Department of Transportation (GDOT) is wrapping up one of its busiest summer in years, which, unfortunately, has come at a cost to property owners. In an effort to keep up with the state's rapid growth and expansion, GDOT has 539 road improvement projects underway across the state. In fact, the majority of public projects are focused on roadway construction in both the expansion of existing highways as well as construction of new roads and intersections.

(These Georgia cities are grabbing hold of the urbanization trend.)

Typically, when eminent domain is exercised in Georgia, property owners will first receive notice of a project from a government representative. Once the project design is set and the property has been appraised, the government will attempt to acquire the property or property rights for the appraised value through direct negotiation. If the owner refuses or an agreement over compensation cannot be reached, the government can file a lawsuit against the property to acquire the property or rights it needs.

Just compensation can include real estate, improvements, fixtures, relocation, and business damages. In Georgia, property owners are able to make a separate claim for business value or damages as part of just compensation for a taking of property. This is unusual as most states do not recognize that businesses are entitled to compensation for losses caused by a taking.

(Check out the top regulatory issues developers need to keep in mind in the Atlanta metro.)

Pursley Friese Torgrimson, LLP

ATLANTA—How does eminent domain affect property owners? How does eminent domain work in Georgia and how often does it happen?

GlobeSt.com caught up with Christian Torgrimson, founding and managing partner of Atlanta-based commercial real estate law firm Pursley Friese Torgrimson, LLP, to get some answers in part one of this exclusive interview. Specializing in eminent domain/condemnation, Torgrimson focuses on helping her clients navigate the complexities of a government condemnation, minimizing the impacts caused by takings and maximizing compensation for her clients.

GlobeSt.com: How does eminent domain affect property owners?

Torgrimson: Eminent domain/condemnation is the constitutional authority that allows the government to take private property for public use, provided that the property owner receives “just and adequate compensation.” Because it involves a taking and/or damaging private ownership and use of property, and in some cases a full taking of all rights, the use of eminent domain can be devastating, both financially and physically especially if a business is involved.

Once an eminent domain claim has begun, it is very difficult to stop a public project entirely. Instead, property owners should focus on negotiating just compensation, and trying to reduce or mitigate the effects of a taking.

GlobeSt.com: How does eminent domain work in Georgia and how often does it happen?

Torgrimson: As growth and development have continued across the state, we are seeing more road projects resulting in the use of condemnation authority. Georgia is one of the most active states in the country for public works projects.

The Georgia Department of Transportation (GDOT) is wrapping up one of its busiest summer in years, which, unfortunately, has come at a cost to property owners. In an effort to keep up with the state's rapid growth and expansion, GDOT has 539 road improvement projects underway across the state. In fact, the majority of public projects are focused on roadway construction in both the expansion of existing highways as well as construction of new roads and intersections.

(These Georgia cities are grabbing hold of the urbanization trend.)

Typically, when eminent domain is exercised in Georgia, property owners will first receive notice of a project from a government representative. Once the project design is set and the property has been appraised, the government will attempt to acquire the property or property rights for the appraised value through direct negotiation. If the owner refuses or an agreement over compensation cannot be reached, the government can file a lawsuit against the property to acquire the property or rights it needs.

Just compensation can include real estate, improvements, fixtures, relocation, and business damages. In Georgia, property owners are able to make a separate claim for business value or damages as part of just compensation for a taking of property. This is unusual as most states do not recognize that businesses are entitled to compensation for losses caused by a taking.

(Check out the top regulatory issues developers need to keep in mind in the Atlanta metro.)