Christian Torgrimson and Ellen Smith wrote an article in the Daily Report on a law in Georgia that "is causing tremendous uncertainty for property owners and businesses facing a condemnation for a public project."

"O.C.G.A. §32-3-32, enacted last July, expands the procedures for property owners and businesses to seek compensation when a state or local government condemns private property and rights," they wrote. "While purporting to simplify the ability for owners to receive compensation, the result is a bigger burden on owners and operators, both in terms of uncertainty and hoops to jump through to resolve the taking."

"It also shifts the cost of mitigating property damage after a taking to cities and counties, potentially allowing the condemning authority to skirt the constitutional duty to pay just and adequate compensation for damages caused by their projects," they continued. "At the local level, the new statute may create conflicts within different units of the same local government."

Subscribers can read the full article here: New Law Creates Uncertainty for Georgia Property Owners and Local Governments.

The Daily Report is the premier source for legal news in metro Atlanta and the state of Georgia.