Georgia Eminent Domain

Partial Takings and Remainder Damages in Georgia

The government may only take part of your property for a public project, but the impact on your remaining property can be significant. You have the right to full and fair compensation for both what’s taken and what’s left behind.

What Is a Partial Taking?

In Georgia, a partial taking happens when the government condemns only a portion of your property for a public use, such as expanding a roadway, installing utilities, or creating draining improvements. You retain owndership of the remaining property, but the taking can reduce its value and usability. Georgia law requires the government to compensate you for the part taken and for any resulting harm to the remainder.

How a Partial Taking Can Affect Property Value

Loss of Signage

Reduced signage can affect visibility, access, and marketability.

Access Changes

New driveways, curb cuts, or longer routes can affect daily use.

Parking and Layout Impacts

A taking may reduce parking, circulation, or usable site layout.

Remainder Damage

The property left behind may lose value after the taking.

What Compensation May Include

What To Do After a Partial Taking Notice

Review the Taking

Review the notice, plans, and legal description to see what part of the property is affected.

Identify the Impact

Look at access, frontage, parking, drainage, visibility, and use of the remaining property.

Compare the Offer

Check whether the offer accounts for both the part taken and the damage to what remains.

Have It Reviewed

Have the notice, plans, appraisal, and offer reviewed before you sign.

Frequently Asked Questions

Can I negotiate the government’s offer?

Yes. In many eminent domain matters, the first offer is not the final amount. Property owners may be able to present additional evidence, appraisal information, or damages that support a higher amount.

The government usually starts with an appraisal. The appraisal may consider comparable sales, location, access, improvements, zoning, current use, and highest and best use.

A separate appraisal or valuation review can be helpful, especially if the offer seems low or the project affects the remaining property.

A separate appraisal or valuation review can be helpful, especially if the offer seems low or the project affects the remaining property.

Yes. Even if only a small portion is taken, the project may affect how the rest of the property can be used or accessed.

You should understand the offer before signing. Once documents are signed, it may be harder to challenge the amount or recover additional compensation.

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