In 2006, Georgia passed the Landowners Bill of Rights and Private Property Protection Act. The law was put in place to protect private landowners from condemnation proceedings that favored land developers and put private home owners at the mercy of local municipalities. Under eminent domain law, the government has the right to take property from private citizens if it deems the seizure to be in the service of the public good. However, in recent years, eminent domain laws, which were intended to facilitate the construction of schools, roads, and utilities, have been abused.
Land developers have recently been using condemnation proceedings to facilitate land development and to avoid having to negotiate with individual land owners when they want to construct new developments. The issue went to the Supreme Court. In a 5-4 decision in the Kelo v. New London case, the Court found that economic benefits to a community could be considered in an eminent domain case, thus permitting municipalities to take land for development under eminent domain. In response to this ruling, Georgia passed its own eminent domain laws to protect landowners. The new laws redefine terms including “blighted property” “economic development” and “public use” to ensure that the Supreme Court decision doesn’t lead to abuse.
The new law makes it more difficult for land to be developed through the seizure of private property. For instance, land that is seized must be put to public use. Condemned properties cannot be converted to any use other than public use for at least 20 years. Yet, “public use” is a term that will be debated by the court. If you’re facing condemnation or the risk of losing your property, it is important to contact a property rights attorney like Donald Evans with Evans & Rhodes, LLC in Georgia as soon as possible to ensure that you can build the strongest case. Developers have teams of lawyers working on their side to help them get what they want. Private home owners in Cartersville, Georgia deserve protection as well.
The law also protects property owners from having to pay excessive court fees—but only if they win. If you’re facing losing your property to eminent domain, it is important to understand your rights. If you win against a condemner, you get to keep your property. However, if you lose, not only will you have to bear the burden of all court fees and lawyer fees, but you’ll also have to leave your property. Because of this, it is important to speak to a qualified property rights attorney in Cartersville, Georgia. Evans & Rhodes has years of experience in this area. Because of the complexity of the law, a lawyer can go over all your options so that you are informed before you move forward. Eminent domain condemnations can sometimes be very difficult to fight, especially if the government backs the condemner.
You are within your rights to also seek fair compensation for property condemned under eminent domain. This includes moving costs, damages, and a fair market value for your property. For more information regarding property rights, visit www.evansfirm.com.
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