Eminent Domain (Expropriation) is the process where the state takes private property for public use (e.g., building roads, gas pipelines, or power lines). While the government has this right, the Constitution of Georgia guarantees that it can only happen in exchange for "appropriate and fair compensation." Often, the state offers owners an amount lower than the real market value or fails to account for lost income (e.g., destruction of an orchard). Owners often feel vulnerable against the state machinery. Legal.ge offers access to lawyers specializing in expropriation cases. They will help you negotiate with the state and, if necessary, secure dignified compensation for your property through the courts.
What Do Expropriation Services Cover?
The service aims to protect the owner's rights during the property taking process. It includes:
- Increasing Compensation: Preparing an alternative audit report and challenging the low price offered by the state.
- Checking Justification of Necessity: Disputing whether there truly is a "pressing public necessity" forming the basis for expropriation.
- Negotiation: Negotiating with state representatives (e.g., Road Department) for a voluntary buyout on better terms.
- Court Representation: Participating in court hearings regarding the granting of expropriation rights and disputing the compensation amount.
- Protecting Residual Value: If the state takes only part of a plot and the rest becomes unusable (severance damages), demanding the buyout of the entire plot.
Real-World Scenarios Where You Need a Lawyer
For example, a highway is planned through your vineyard. The state offers land price but does not compensate for the vines' value and future harvest. A lawyer will engage an agro-auditor and prove in court that compensation must include business losses. Another example: a high-voltage line passes over your house. The state doesn't take ownership but imposes an easement, making life unbearable. A lawyer will help you claim full compensation or buyout of the house because the property becomes devalued.
Georgian Legal Framework
Expropriation is regulated by the "Constitution of Georgia" (Article 19) and the "Law on Procedures for Expropriation of Property for Pressing Public Necessity." The right to expropriate is granted by a court or the Ministry of Economy (in urgent cases). The law mandates that compensation must be full, fair, and correspond to market value. In practice, a rule often applies where the owner is entitled to market value plus 10% for inconvenience, though this isn't automatic and requires legal advocacy.
The Process Step-by-Step
1. Notification: You receive a letter from the expropriator (State) with an offer. 2. Valuation: An independent expert assesses the property at real market price. 3. Negotiation: The lawyer tries to increase the amount without court. 4. Court: If no agreement is reached, the state applies to court for expropriation rights. At this stage, the lawyer fights for higher compensation. 5. Payment: Deposit of funds and transfer of property.
Why Choose a Specialist on Legal.ge?
Litigating against the state is hard as they have vast resources. Fighting alone is often a losing battle. On Legal.ge, you will find lawyers experienced in disputes with the Road Department and energy companies. They know how to use the law to ensure you get maximum compensation.
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