Is the DOT taking some or all your factory, refinery, plant, or other industrial property in Georgia? This can disrupt production activities, complicate day-to-day business, or even require years of relocation and retooling.
Four of our attorneys used to work for a state DOT and we can fight for you in many ways, from negotiating for plan edits early in the process to fighting for maximum compensation, including relocation and other potential expenses.
Is the government taking some or all of your industrial property for public use? It must compensate you fairly for what it takes, but how much is fair? What compensation could you really be entitled to? These negotiations are unlike others you may be used to.
If the government’s activity damages your industrial property without them notifying or compensating you, you may be suffering inverse condemnation. We can help you understand what compensation you can seek for the serious harm that may have been done to your business.
The government sometimes wants the right to use your property how it sees fit without actually owning it. Easements can be tricky and can have heavy and permanent negative effects on your industrial property. It’s critical to understand your rights.
The government will have your industrial property appraised before it makes an offer, but how do you know their appraisal is accurate? Does it account for all the harm you may suffer, including long-term costs? What about damage to the remainder?
Possibly the worst-case scenario for industrial property owners is having to relocate. Can you find a suitable parcel anywhere close? What about moving, retooling, and access to labor and infrastructure? Relocation expenses are not always part of GDOT’s initial offer. You may need to fight for the full compensation you may deserve.
Business owners can seek recovery for loss of income if the property taking hurts or destroys their business. Find out more about possible compensation for loss of income.
Eminent domain process: Industrial
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Step 3:
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Step 4:
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The clock starts
The government announces its projects years in advance. As an industrial property owner, your fight begins now. Contact us as soon as possible.
This is your opportunity to discover the real effects of a taking on your property, its potential impact to value, amount of lost profits, and how you can still use what may be left. Once acquisition begins, things can move quickly.
INSIDER TIP: Engage a qualified attorney as early as possible. Our firm works on a contingency fee arrangement, meaning no upfront costs or hourly fees while we deal with appraisers and right-of-way agents on your behalf.2 Right away is the best time to begin building your case.
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The initial offer
The government will appraise your industrial property, form its opinion of the value of what it is taking, and make an offer. Like any buyer, the government wants to pay as little as reasonably possible. However, we find these appraisals are often flawed and the offers far too low. If you accept the initial offer, you may be barred from negotiating for more, no matter how much you may have left on the table.
INSIDER TIP: There is a way to get initial offer funds without formally accepting the offer. We can help you do that, and we won’t touch a dime of that money. Our fee only comes from any amount we’re able to get above the initial offer. So if we don’t get you more than the initial offer, you don’t owe us anything.2
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We advocate
Once the initial offer is made, if you refuse to settle for it, the fight for more begins. Our attorneys can gather evidence, engage experts, and assemble a case to try to prove your industrial property’s “highest and best use.” We use the leverage of our research to negotiate for maximum compensation on your behalf.
INSIDER TIP: We front all of the expenses related to your case. We put in the hours and do the legwork. And if we can’t get the government to raise its initial offer, you won’t pay us a dime. Guaranteed.2
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You could get a second payment
If we believe we’ve got a truly fair offer to compensate you for your industrial land or rights being taken, we’ll ask for your permission to resolve the case and collect on your behalf.
It’s rare, but sometimes, we believe your best interests would be served by going to trial. That will be your choice. We have an active litigation practice with the experience to help guide you through the litigation process and trial if that’s what is needed in your case, and you agree.
INSIDER TIP: If your case is resolved successfully, we collect an attorney’s fee only from the amount won above the initial offer.2
Industrial property impacted by eminent domain in Georgia: How we can help
Owners and operators of industrial property impacted by eminent domain face a complex and daunting challenge. Industrial enterprises are often extremely sensitive to location, space, and regulation, and any change to the property often upsets this delicate balance.
Industrial sites are very different from typical commercial properties. There are rarely customers per se, typically just the flow of materials, products, and equipment. Georgia defines industrial properties as “all real estate, including improvements, utilized in the manufacture or processing of goods for ultimate wholesale or retail sale.”
Factories, manufacturing plants, refineries, processing facilities, and even power plants depend on logistical infrastructure to bring material and products in and out and stay on pace. Storage and distribution warehouses rely on space and proximity to this infrastructure, so location is paramount for industrial properties. Scrapyards, waste facilities, trucking terminals, and even railyards have very specific property needs.
GDOT is trying to advance its own interests and is not obligated to preserve the balance required for your industrial property to function effectively. That’s why it is vital to consult with an eminent domain attorney as soon as your property is in the crosshairs.
Examples of industrial property impacted by eminent domain
Some of the ways your industrial property may be affected by a GDOT taking include:
– the addition of a median preventing larger vehicles like freight trucks from physically making the turns required to enter or exit the property
– a utility easement crossing an area of underground tanks, possibly requiring their removal
– a municipal greenway taking that encroaches on a required environmental buffer
– a slope or drainage easement impacting your retention pond, forcing your facility to make expensive alterations or relocate
– a taking off the end of an industrial property that reduces your property’s soil permeability area to a figure below local ordinance requirements
Our attorneys know how to try to minimize the impact of the taking on your industrial property and how to negotiate with the DOT for all the compensation you may deserve. These are unlike other business negotiations, but we’ve got the experience to analyze appraisals and identify future issues that may arise due to the government taking your property. We also know the surveyors, appraisers, and other experts that may be needed to help us build your case for maximum compensation.
Since we’ve been in business, we’ve helped our clients get on average nearly 3x their initial offer from the government.1
We will evaluate your case at no cost or obligation. The evaluation is free – but not getting one could cost you a lot. Call 1-888-391-1339 or contact us online today.
Frequently asked questions
Does eminent domain apply to industrial property?
Absolutely, and it can be a far more complex process to deal with than a simple residential property or a typical commercial property. While an office building may depend mostly on parking and access, an industrial property may have many relevant access, code, environmental, permitting, utility, and logistical needs that could be damaged by a taking.
Can private companies exercise eminent domain over industrial property?
Yes, but only if the taking is for a public use. The government does grant eminent domain power to select private entities, such as utility companies, hospitals, railroads, and others.
What are the main issues with eminent domain cases involving industrial property?
The sheer complexity of property use and regulatory needs for most industrial properties can make even a small eminent domain taking challenging to manage. You must seek fair compensation while dealing with the fallout of DOT construction to your regulatory and access requirements, as well as any other special property needs…but an experienced eminent domain attorney can handle the case for you while you focus on your business.
Can you fight having your industrial property taken by eminent domain?
Technically, yes, but it is extremely difficult and costly with a traditionally low chance of success. However, it may be possible to work with the condemning authority to alter plans before they become final. After the early stages, focus your efforts on pursuing maximum compensation for the true value of your property. For help with every stage, contact an attorney experienced in negotiating for industrial property owners.
Is any type of industrial property exempt from eminent domain?
Not really. As long as the property is being taken for a public use, and the industrial property owner is fairly compensated, no property is generally exempt from eminent domain. However, an experienced eminent domain attorney can work with the DOT or another condemnor on your behalf to try to minimize the impact of their plans on your property. Then, your attorney can use their knowledge and experience to seek maximum compensation for your damages.
How can an eminent domain attorney help me?
Our attorneys have the experience to analyze appraisals and identify future issues that may arise due to the government taking of your industrial property. We’ve built a network of appraisers, surveyors, and other land experts who can help us build your case for maximum compensation. Call 1-888-391-1339 or contact us online today!
Get a free case
evaluation today.
There are only a handful of attorneys in GA who practice eminent domain exclusively. And even fewer with DOT experience. That’s why it’s always worth it to get a free case evaluation.
Here’s how it works:
1) Tell us about your situation.
2) We research your property as needed, using DOT maps, our own technology, and experience to see the exact effects.
3) We let you know what we think a fair offer would be. This evaluation is free, and there’s no
pressure or obligation to hire us after.
But please don’t wait to act. Waiting can hurt your case, and the cost is the same: free.
1-888-391-1339
