PROPERTY RIGHTS ISSUES

Taking Property From One Individual For the Benefit of Another

The Kelo, decision of the U S Supreme Court created a national backlash among Americans; Citizens and Politicians. We all complained and the Politicians made speeches that focused on the issue of using eminent domain powers to take property from one private citizen and transferring it to another private individual. Common sense tells us that the decision was wrong for the majority of Americans and nothing more than a perk for the powerful and politically connected. 

"The Urban Redevelopment Law of 1955 was first challenged by a few years after its passage. With great reluctance, the Court upheld the new law based upon the newly passed Georgia constitutional amendment. The Court stated: "[h]istory teaches us that one of the first steps necessary to be taken in the establishment of a totalitarian form of government is to abolish the right of private ownership of property. One of the most sacred and cherished gifts of the citizens of this State, handed down to us by our forefathers, and until recently protected by the Constitution and held inviolate by the by the courts of our State, was the right of private ownership of property, subject to be taken by the State or its authority for public purposes only upon just and adequate compensation being paid." _{The Senate Eminent Domain and Economic Development Study Committee, GA Senate 2005}

_{Just Compensation}

The Georgia Legislature passed legislation in 2006, that effectively stopped the practice of taking property for private development; taking property for private development is but one aspect of eminent domain abuse. The greater and more common problem faced by average property owners is receiving just compensation. The attitude of many condemnors seems to be that they have the power to take your property, determine how valuable it is and you can accept their offer or they will drag you into the court system where they, for the most part, have a decided advantage. Just compensation means that the property owner is put in substantially the same position that they were before the taking.

Expanding Court Actions

Many condemnors purposely expand court proceedings to force property owners to spend more money to defend themselves; we believe their motives are to force property owners to settle and to make an example to other property owners that if you challenge the taking you better be prepared for an extended fight. Most condemnations that are contested last for years and while the property owner lives with the battle night and day it is simply a job for the condemnor.

Inverse Condemnation

Inverse condemnation happens when zoning changes devalue the property. The major problem for property owners is the time restriction to file a claim for damages and the cost of litigating to recover.

Condemnors Abusing Eminent Domain Powers

Example, Gramm v Stockbridge, this is a case where the City condemned several properties and were not successful in condemning some. Ms Gramm's property became unusable by the City when they failed to condemn the neighboring property; so they demanded, and the Henry County Superior Court agreed, that Ms Gramm return their money and accept the return of property that the City had owned for over one year. (see story) The Georgia Court of Appeals overturned the decision and the City appealed to the Georgia Supreme Court; they refused to hear the case and the Appeals Court Ruling was upheld.

Cost of Defending Against Eminent Domain Action

The cost of defending against a Eminent Domain action is a major component of 'just compensation." Court Cost, Attorney Fees, Appraisals and Expert Witness Fees are necessary expenses for defending against a taking or making a value claim; and should be paid by the petitioner. Florida's Eminent Domain Laws are far superior to Georgia and most other states because they recognize that the property owner would not incur these expenses, but for the condemnation of their property. (see Florida Statutes) We believe that a similar Georgia Law would significantly curb Eminent Domain Abuse.