A total taking can affect your home, business, land, income, relocation plans, and future financial security. Before accepting an offer, the full value of the property and the impact of the taking should be reviewed.
A total taking occurs when the government or condemning authority seeks to acquire the entire property for a public project. This may involve a home, commercial property, vacant land, rental property, or another type of real estate. The key issue is not only whether the property is being taken, but whether the offer reflects the full value and impact of the 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.
The offer should reflect the full value of the land being acquired.
Homes, buildings, site work, and other improvements should be properly valued.
The appraisal should be reviewed for assumptions, comparable sales, and missing valuation factors.
A total taking may affect housing, business operations, income, or replacement property plans.
Review the notice, appraisal, offer, and legal description to confirm the government is seeking to acquire the entire property.
Look at relocation needs, business or income disruption, replacement property concerns, and how the taking affects your plans moving forward.
Check whether the offer reflects the full value of the land, structures, improvements, and the property’s highest and best use.
Have the notice, appraisal, and offer reviewed before you sign, accept payment, or give up rights.
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 valuation issues that support a higher amount.
The government usually starts with an appraisal. The appraisal may consider comparable sales, location, zoning, current use, improvements, and the property’s highest and best use.
A separate appraisal or valuation review may be helpful, especially if the offer seems low, the property has unique features, or the government’s appraisal does not explain how the value was calculated.
The offer should be reviewed to determine whether it properly accounts for buildings, structures, site improvements, utilities, parking areas, and other improvements on the property.
A total taking may affect business operations, rental income, replacement property plans, and other financial issues. These should be reviewed before accepting an offer.
You should understand the offer before signing. Once documents are signed, it may be harder to challenge the amount or pursue additional compensation.
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