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Eminent Domain

Tuesday, August 28, 2018

Smith, Welch, Webb and White Attorneys Go Up Against Troup County and Win Big in Recent Jury Trial


Earlier this month on August 6th and August 7th, Smith, Welch, Webb and White, Partner Will White, and Associate, Grant McBride took on Troup County in a case where the client was awarded over 50x the highest settlement offer.

“This is why we do what we do.  Unfortunately, it is not uncommon for a property owner to feel like they are backed into a corner, forced to choose between taking an offer of pittance and taking on the government.  It’s our job to protect the Constitutional rights of those that can’t fight for themselves, and we take that job very seriously.”    -Managing Partner, William White

The taking by Troup County, which consisted of air rights for the expansion of the LaGrange-Troup County airport, affected the client in a substantial way.


Read more . . .


Tuesday, January 30, 2018

What is Mediation and Is It Right for You?


Too often, I meet people who are all in on getting their case before a jury, without considering other alternative dispute resolution tools. Often times, alternative dispute resolution can result in achieving a resolution that you can live with, while avoiding the costly attorney fees that can accrue by taking a case all the way to a jury trial. One of those tools is mediation.

Mediation is a process in which a neutral person (the “mediator”) attempts to assist the parties in reaching a compromise on the issues. The mediator cannot render a decision in your case.
Read more . . .


Thursday, May 11, 2017

Leveling the Eminent Domain Playing Field


Property owners typically face a steep learning curve when it comes to eminent domain. The condemning authority already has a head-start in analyzing the potential impacts and liabilities associated with a particular acquisition. It is also assisted by trained professionals. Meanwhile, most property owners are unfamiliar with the process unless they have been involved in it before. Some of the terminology used can be archaic as well.


Read more . . .


Friday, February 17, 2017

Why is My Easement Not Worth a Fee?


 Affected property owners naturally have a lot of questions about eminent domain. The most common is usually: “How much is my condemnation worth?” In a related post, Attorney Will White covers the basics related to how that question can be answered.

The most common follow-up questions I receive are related to the meaning of certain words that can be foreign to someone unfamiliar with the process. For example, terms of art like “right-of-way or fee,” and “temporary or permanent easement” carry significant meanings in eminent domain proceedings. But, a property owner may not know what those terms mean, or the significance that they carry, because such terms are not used in everyday contexts.


Read more . . .


Friday, October 14, 2016

Henry County attorneys, judges named to State Bar of Georgia committees


Congrats to three SWWW attorneys for being appointed to serve on special or program committees for the State Bar of Georgia. From the court system to the classrom, we know you will work hard to make a positive impact. 

Janet C. Scott of Smith Welch Webb & White LLC in McDonough will serve on the iCivics Committee, which works toward implementing a comprehensive, standards-aligned online civics curriculum into Georgia’s 8th grade classrooms.

John P.


Read more . . .


Tuesday, July 22, 2014

Have you received a notice? Here's a comforting story:


Here’s a true story written by a local property owner who came to us after receiving a government notice requesting a portion of her property.  Being forced to consider giving up part of your property, or moving from the place you call home altogether, is a serious decision and we’re here to help.  Beverly Wittler wrote this piece that appeared in the Henry County Times.

The letter

I opened my mail the usual way; trash the “free” offers, stack coupons to cut later, file the paper bills and set my newspaper aside to read at leisure.  But that day there was a very official looking packet from a local attorney firm.
Read more . . .


Tuesday, November 19, 2013

How Much Is My Condemnation Worth?


The most common question I get asked is, by far: “How much money is my Condemnation case worth?”

My answer to that question is always: “You can’t tell by just looking at the initial information the Department of Transportation (or other entity) has given you. But I can help you find out.” 

The reason for this is simple.  I’ve seen hundreds of “initial offer packages,” and these packages simply do not provide enough information from which to make an informed decision on value.  The majority of those “packages” include the booklet, “What Happens When Your Property Is Needed For A Transportation Facility;” a “Receipt for Brochure;” a “Statement of Estimated Values;” an “Owner’s Receipt of Plans & Explanation Acknowledgement;” an “Option for Right of Way;” and a “Right of Way Map” (usually attached to the “Option”).
Read more . . .


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Smith Welch Webb & White serve clients throughout the south metro Atlanta area including but not limited to McDonough, Stockbridge, DeKalb County, Clayton County, Henry County, Peach County, Jonesboro, Spalding County, Butts County, and Lamar County.



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