Find Lawyers in McDonough, Georgia for Eminent Domain and Condemnation Law
Warren Power is a founding member of the firm and has more than thirty (30) years of professional legal experience. Author and Lecturer: CLE-Eminent Domain (Inverse Condemnation), 2018 Scottsdale AZ; CLE- Real Estate Transactions A-Z, 2018 Atlanta, GA; CLE-Eminent Domain Section Seminar, 2016 Atlanta, GA; CLE-Eminent Domain Section Seminar, 2015 Atlanta, GA; Eminent Domain from Start to Finish, 2014 Atlanta, GA; CLE-Resolving Local Access and Road Disputes, 2013 Atlanta, GA; CLE-Property Taki...
Eminent Domain and Condemnation Law Definition
More recently, government has perceived a need to expand the exercise of eminent domain beyond its classic takings context to include a variety of “rationally conceivable” public benefits thinly tethered to public use. In these instances, lawyers are asked to advise their clients on whether the government has been faithful to its constitutional duties to take property only for a public use upon payment of just compensation and in accordance with statutory procedures enacted to protect property owners.
In instances where governmental regulations “go too far” and impose burdens on private interests that should be borne by the public as a whole, lawyers evaluate whether the regulation unconstitutionally deprives the owner of all economically viable use of property or has a significant impact on its value and the owner’s investment-backed expectations.
The Takings Clause also places limits on the power of government to impose exactions for development permits. These exactions may be fees, dedications of real property, or other obligations asserted to offset the impact of a development project. Under the doctrine of unconstitutional exactions, a benefit demanded of the landowner must have a nexus to the impact of the development and be roughly proportional to its anticipated effects.
In many instances, lawyers in this practice area engage experts in appraisal, construction, development, economics, environmental remediation, engineering, permitting, planning, zoning, and related professions to secure fair treatment, fair value, and a fair understanding of whether one of the most potent powers granted to government has been exercised in fidelity to lawful mandates.
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