GDOT highway takings, major natural gas pipeline corridors, Georgia Power and Southern Company transmission lines, rapidly expanding solar farms, and the Southeast’s fastest-growing data center market around Atlanta are all driving ROW acquisitions across Georgia. National ROW fights for maximum just compensation under OCGA Title 22.
Georgia eminent domain is governed by OCGA Title 22 for general condemnations and OCGA 32-3-1 et seq. for GDOT highway takings. Condemning authorities must make a bona fide written offer before filing a condemnation petition in Superior Court. Once filed, the case proceeds before a special master (a sitting or retired judge) who determines compensation, subject to appeal to the Superior Court and jury trial.
Georgia uses a unique special master procedure for most condemnation cases. A special master is appointed by the Superior Court to hear evidence and determine just compensation. Either party may appeal the special master’s award to Superior Court, where a jury decides the final amount. Acting with experienced representation at the special master stage is critical to protecting your rights.
The Georgia Department of Transportation (GDOT) acquires right-of-way for interstate improvements, US and state route expansions, and the State Road and Tollway Authority’s express lane projects. Major active corridors include I-285 (top end and west side), I-75, I-20, SR-400, and rural US highway widening projects statewide. GDOT is required to make a written offer under OCGA 32-3-6, but initial appraisals often understate remainder damages, access impacts, and highest and best use value.
Georgia is crossed by major natural gas pipelines including Southern Natural Gas (Boardwalk Pipelines) and Transco (Williams), both FERC-certificated with federal eminent domain authority. Colonial Pipeline, one of the largest refined products pipelines in the US, also traverses Georgia. Landowners have the right to contest easement terms, width, surface restoration obligations, and the adequacy of compensation under OCGA Title 22.
Georgia Power, a Southern Company subsidiary, is the dominant electric utility in Georgia and holds condemnation authority for transmission and distribution infrastructure. Southern Company Transmission and Georgia Transmission Corporation (GTC) also acquire ROW for high-voltage lines statewide. With Plant Vogtle’s nuclear expansion adding significant new generation capacity, and data center demand driving grid modernization, new transmission ROW acquisitions are accelerating in metro Atlanta and beyond.
Georgia has become one of the Southeast’s top solar markets, with major utility-scale projects developed across the coastal plain, Piedmont plateau, and south Georgia regions. Georgia Power’s renewable energy RFP process has brought hundreds of megawatts of new solar capacity online. While solar easement agreements are typically voluntary, the transmission infrastructure connecting these projects to Georgia Power’s grid can involve regulated utility condemnation authority.
Metro Atlanta — particularly Douglas, Paulding, Coweta, Henry, and Bartow counties southwest and south of the city — has emerged as one of the largest data center markets in the United States. Hyperscale campuses for major cloud providers are driving unprecedented demand for new electrical infrastructure. Georgia Power is constructing new 230 kV and 500 kV transmission lines and substations to serve this load, with active ROW acquisition programs affecting landowners across multiple counties in the metro area.
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Get a Free Case Review ↓Georgia eminent domain is governed by OCGA Title 22 for general condemnations and OCGA 32-3-1 et seq. for GDOT highway takings. Both require a bona fide written offer before filing a condemnation petition in Superior Court.
Under OCGA 22-2-100 et seq., most Georgia condemnation cases go before a special master — a sitting or retired judge — who determines just compensation after hearing evidence. Either party can appeal to Superior Court for a jury trial. Having experienced representation at the special master stage is critical.
Yes. Georgia Power is building new 230 kV and 500 kV transmission infrastructure in Douglas, Paulding, Coweta, and Henry counties to serve hyperscale data center demand. These utility ROW acquisitions follow OCGA Title 22 and give landowners full rights to just compensation.
Under OCGA 22-1-12, just compensation is the fair market value of the property taken plus consequential damages to the remainder. Georgia courts recognize loss of access, severance, and other impacts to adjoining property as compensable.
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