Speaker 1:
Hello and welcome to our show what about the law I'm attorney Sean Richardson I practiced law here in Ringgold Georgia focusing most of my private and personal injury litigation hi hello my co hosts attorney Marshall bandy deliver this show to W. A. A. K. radio as a public service attending this plan in late terms Sanderson issues within the law that everyday folks are most likely to encounter sometimes we expand our discussions other professional areas areas that we believe our listeners will find helpful accordingly if you are a professional it might to be a guest on our show please call us at seven zero six nine three five two two zero one or email us at what about the law edgy mail dot com like wise if you are a listener and would like us to address a specific topic or issue we also encourage you to call us at seven zero six nine three five two two zero one or email us at what about the law at G. mail dot com.
Speaker 1:
All right Marcia were back and I guess.
Speaker 1:
As far as our discussion is imminent.
Speaker 2:
It is eminent that's right eminent domain you know there's there's two or three times maybe the first thing we should do is I.
Speaker 1:
My guess is a lot of our listeners don't know imminent no maintenance in lay terms what it what is imminent domain that's when the government comes and get your property.
Speaker 2:
But anyway the.
Speaker 2:
The right of eminent domain is a protection for the.
Speaker 2:
A little property and is a ride of the government.
Speaker 1:
In an.
Speaker 2:
Instant what's the language about fair compensation and fair compensation I think that's by statute it may even be in the constitution fair compensation but due process of law would imply fair compensation even effective one said so and and the constitution so what do they do when they can and who has the right to condemn SCO thank.
Speaker 2:
We'll think about the state of Georgia having a practical damn even the federal government having the right to condemn.
Speaker 2:
But.
Speaker 2:
There are certain private companies that have a right to condemn the gas company.
Speaker 1:
Public utilities has actually right.
Speaker 2:
Public utilities and they've been given this quite Zach condemnation eminent domain right electric companies to condemn property they're given the right Anna and railroads sometimes roads are given the rights.
Speaker 2:
Sometimes gas companies and states have their rights sometimes they don't.
Speaker 2:
But at the.
Speaker 2:
It was a right that is given for a public purpose the whole concept of eminent domain is safe you got to have a public purpose for.
Speaker 1:
Right in the.
Speaker 1:
In the course as utilities make sense they all are providing something that is a you know vital.
Speaker 1:
Need or service to the public and you can see what other sort of quasi governmental you know.
Speaker 1:
Entities and why the right of eminent domain would extend to those folks you know view saying that the public purpose that's probably been the biggest spring court case on him and I'm in the last twenty years has been curtailing the use of eminent domain to buy net more narrowly defining what a public use was you know for a long time you had these governments that we're using the power of eminent domain ticket damn property and take it from one status private citizens.
Speaker 2:
And give it to another.
Speaker 1:
Allowed to be redeveloping into another set of private citizens and the public use being that it is a you know a rehabilitation project it is a you know we're taking a blighted area making it nicer and you know increasing the tax raise the quality of life accent or a and I think it was like two thousand five is the city of New London cases sprinklers and no that's not a legitimate public purpose the idea of this is like if you're gonna use it to make parks or build a dam or put a railroad through there are road that's what it's meant not.
Speaker 1:
Not to take it from one set of five people give to another because you think that's going to be better for the public by having this new set of private people only.
Speaker 2:
Not only that it was in benefits takes a property from one group of people gives it to some other group of people and those people make money now.
Speaker 1:
Exactly they profit on it they profit on its is not the government running on its private people profiting.
Speaker 2:
And and that that's the distinction but there are certain procedures that they got to go through in order to to take the property and one of the things is they've got to appraise the property they've got to get a price or after and before they can even do that they have to give notice to the property and they have to post a notice out there on the property of course all how many times does this really happen that's the other thing I tell you when it happens it happens when you build a freeway that's when you start condemning property and because you're taking so many so much property so many property owners are involved and they all they know that they can't get all those people to agree and marching down the pike they can't do that so there they're gonna post their notices they'll try to negotiate for awhile but eventually the government's just gonna go ahead and get an appraiser post the notice or post a notice giving a price or whatever it is and then file a condemnation suit.
Speaker 1:
Which it which at that point you still can litigate the you can't I mean they have the absolute right to take it but you still can litigate what the fair compensation.
Speaker 2:
That's right you have a right you have a jury jury trial right determine what compensation is and and then you get into return on investment accounts if what they're doing is taking a piece of property from you that's fifteen feet by twenty feet and it's on a thirty acre piece of land on the side of the.
Speaker 2:
Road and half of it's on the right of way you know you're not gonna get a whole lot.
Speaker 1:
Right.
Speaker 2:
You know you might get a thousand two thousand dollars from that and so are you gonna spend ten thousand dollars on an attorney or thirty thousand dollars.
Speaker 1:
But but in that same scenario if that little strip they take it that somehow destroys the minimum set off or set backs you know that you would need on that property the sort of you know qualify for certain zoning or a certain type of then then suddenly you know the cost of taking a small strip could be astronomically more right.
Speaker 2:
As another thing yep another thing about condemnation and that is it can affect leaseholders hours if you are in business and your landlord's property is being condemned to widen the road and your parking as effectively destroyed for six months.
Speaker 2:
Then you have a right to sue for lost income.
Speaker 2:
From your business I remember the about three years ago Rangel was affected please shut down because of the quotation marks downtown improvements that were being done.
Speaker 2:
I don't think the residents were treated right they should have all been compensated by the state because their parking was done away with.
Speaker 1:
Right at an economic.
Speaker 2:
Effect hand and economic affecting nobody nobody wanted to go to the wall on my hand and so forth but they could have.
Speaker 1:
Well in the end economics brings up another issue you often hear talk about when you talk about the effects of.
Speaker 1:
The exercise eminent domain and that is sort of a social injustice argument that is when the government has to pay fair compensation.
Speaker 1:
Their course one if they if they're building a road that they need to connect point a to point B..
Speaker 1:
You know taking that road through say you know but I can on the north side of Atlanta it's going to be a whole lot more expensive than taking it through you know southwest Atlanta.
Speaker 1:
Where the properties are worth you know ten percent or less whether properties in black at our end so invariably I should say and rarely oftentimes you have plans and designs that taken that you know that target poor neighborhoods because it's cheaper to take the property there and I'm not saying that's right or wrong I think that's just the nature way business is done and whether it's by the government or anybody else but that does give rise to certain social justice issues without taking a side on what is right or wrong on that.
Speaker 2:
So anyway you have the the ride of the.
Speaker 2:
The tenant you have the right of the landlord and then you have the.
(Detecting speakers):
Consideration of public purpose because