Ellen Smith and Elizabeth Story wrote an article for the Daily Report about how navigating around eminent domain actions in the midst of various transactions and operations is critical to best position clients for a future condemnation conundrum. 

"Commercial real estate attorneys are in a unique position of negotiating on behalf of their clients for a finite resource in Georgia: land," Ellen and Elizabeth wrote. "Given that new land cannot be generated (outside of some island creations), constitutional protections, state laws, and local ordinances that govern property rights attempt to balance those rights with public policy."

"Attorneys must strike a balance between navigating those rights while anticipating future needs and issues that may arise for their clients’ ownership rights and business (and personal) needs," they continued. "But how do you best navigate today around a completely unknown future impact that may result in uninsurable loss and damage to a property?"

"This is the conundrum of condemnation as the exercise of the power of eminent domain."

Subscribers can read the full article here: Condemnation Conundrums: Navigating the Intersections of Commercial Real Estate and Eminent Domain Actions

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

You can subscribe to our latest articles and insights here.