The Relationship between Direct Condemnation and Inverse Condemnation under Georgia Law   Tags: georgia_law, property  

To many, the concept of direct condemnation through eminent domain is a familiar topic within Georgia law. Many Georgia citizens and businesses are faced with eminent domain through projects by the Department of Transportation requiring the acquisition of private land. However, the concept of inverse condemnation is not as familiar to many citizens within the state of Georgia.

While direct condemnation requires a substantial desire and action to take private land, inverse condemnation often occurs accidentally and indirectly.  By unintentionally damaging private property, a government entity has likely created a cause of action for inverse condemnation. Inverse condemnation is a cause of action against the government to recover the value of property which has been taken by the government, even though no formal exercise of eminent domain has been attempted.

While direct condemnation and inverse condemnation represent two entirely different topics, the two actions are often intertwined and confused. The purpose of this research guide is to provide a starting point for one analyzing the relationship between direct condemnation and inverse condemnation under Georgia law.

This research guide is intended to provide an introduction to the relationship between direct condemnation and inverse condemnation in Georgia. This research guide analyzes the relationship between direct condemnation and inverse condemnation in Georgia by looking at primary sources of Georgia law and a variety of secondary sources. The research guide also suggests different systems of computerized research that will assist a user of this guide in his continued research tasks.

This research guide was prepared for Professor Nancy Johnson's Advanced Legal Research class in Spring 2010 by Lauren Meadows, a third year law student at Georgia State University's College of Law.  Send an email to njohnson@gsu.edu for more information about this bibliography.

This legal bibliography does not constitute legal advice and is not comprehensive.  It has not been updated since April 2010.  This research guide should serve as a starting point for researching the effects of inverse condemnation in Georgia.  The materials below do not address all issues that will arise, and researchers should read the full text of the resources cited.  If you have questions as to how to proceed with your research, please consult a legal reference librarian.