Property owners who have been approached by Tennessee Valley Authority (TVA), Georgia Power, North Georgia Electric Membership Corporation (NGEMC), Georgia Transmission Corporation, Oglethorpe Power Corporation or a government representative, and offered any amount for purchase of easement or real estate, have experienced the first step in a process which may end in exercise of eminent domain: the condemnation and compulsory forfeiture or sale of the easement or property.
Example: Church is offered $1.00 (one dollar) for a portion of church property, to build a transmission facility. Church members reject the offer. Power corporation counters with a more realistic monetary offer. The church again refuses. The property is condemned, seized and sold to the power corporation at “fair market value”. Real estate, appraisal or legal fees incurred by the church to affect or resist this process are not recoverable.
While the owners of property on which transmission facilities or lines would be located may receive “fair market value” for the use or loss of their property, nearby property owners will not receive compensation for effects of the project on their property value.
Judging by recent projects, TVA, Georgia Power or Oglethorpe Power eminent domain process will entail a few hours of public meetings, likely on a single day. This will be the primary forum for voicing concerns and objections to the proposed project and the eminent domain process.
How much is your property worth? If the Georgia Department of Transportation (DOT), TVA, NGEMC, Georgia Power, Oglethorpe Power, a city, a county, or the State decides to take your land in a condemnation process, you are entitled to just compensation. Just compensation is rarely achieved on the first offer from the condemning authority.
Landowner rights: If you are a landowner, if you own commercial, residential, or farm property that the DOT, Georgia Power, Oglethorpe Power, TVA, NGEMC or the government requires, speak to an attorney to protect your rights.
Condemnation proceedings: When your land or other real property is subject to a condemnation proceeding to make way for other uses (an interstate highway, a power line right-of-way, or other public uses), an attorney can help you determine an appropriate response.
Similar to the proposed Catoosa substation and transmission project, Georgia Power has a project in the Gainesville area, for which the right of eminent domain may be exercised.
Georgia Power will hold public meetings, as required by O.C.G.A. 22-3-160.1, at the following times and place: Wednesday, September 24, 2014 from 2:00 PM to 4:00 PM and 6:00 PM to 7:30 PM Location: Brenau University Downtown Center 301 Main Street, SW Gainesville, Georgia, 30501