Profile

Nick has maintained a dynamic practice in condemnation and eminent domain. He represents both landowners and business tenants who have had their interests impacted in actions to take property brought by city, county and state agencies. Nick has deep experience counseling owners in matters involving a wide range of property types. He is a sought-after speaker on condemnation and eminent domain issues, and has addressed the State Bar of Georgia’s Eminent Domain Section Annual Meeting on multiple occasions.

Significant Matters

• Loss of Business Location. Our team recovered more than $2.4 million in loss of business damages for the closing of a long-standing camera store in downtown Atlanta taken as a result of condemnation. The Georgia Department of Transportation (DOT) claimed there were no damages.
• Multi-Use Development/Determination of Value Condemnation. The Georgia DOT took 2,500 square feet of the northeast corner of our client’s 12-acre tract just north of downtown Atlanta for the construction of a two-lane ramp going from the southbound lanes of one highway to connect to the northbound lanes of an intersecting interstate highway. The DOT determined that the value of the taking was only $60,000 and refused to negotiate the determination of value - declining offers of $126,000 and later $91,000 to settle the condemnation. We developed a presentation to emphasize the existing zoning overlay - which called for mixed-use development - to illustrate how future retail and residential buildings could be placed up to the sidewalks for a pedestrian-friendly environment. The jury returned a verdict valued at $279,000. The cross examination of the DOT’s appraiser revealed that he used comparable sales well outside the market area of the contested property.
• Transmission Pole Case. The Georgia Transmission Corporation (GTC) took a portion of the front of our client’s property to install a 90-foot tall concrete pole for an electrical transmission line. We worked with an appraiser to develop a paired sale analysis to show that sales of properties without a transmission pole were higher than sales of properties with a transmission pole. The jury returned a verdict that was five times higher than what the GTC appraiser offered as the value of the taking.
• Business Relocation/Diminution Value Case. We represented both the landowners and the business operating on a parcel positioned near Interstate 285 in metro Atlanta. The business, a men’s clothing store, had been operating profitably for several years at the location. After the property was taken, the business was forced to move across the street into a strip mall that did not offer the same exposure as the earlier location and was not on the "going home" side of Memorial Drive. It lost more than $1 million two years in a row, but the DOT did not offer any monies for the diminution in value of the business. The case was settled for a payment of $2.3 million to the business, as well as an additional 30 percent from the DOT’s valuation for the value of the land and building taken.
• Temporary Business Loss from Street Closure. The DOT closed the street in front of our client’s Bentley car dealership and claimed there were no damages because individuals who buy Bentleys would come to the dealership regardless of how difficult it was to find it. The closure occurred during the first year of the 2008 economic recession. Through testimony of salespeople about their experiences in having professional athletes, music industry performers and executives make “impulse” purchases of expensive cars, as well as detailed testimony of how some purchases changed to more sales of used Bentleys than new Bentleys during the economic downturn, the jury awarded our client its calculated losses in the value of the business.
• Convenience Store Taking. Our client lost his convenience store business because of the widening of an interchange outside of Atlanta. The DOT paid approximately 90 percent of the claim well before trial based upon the business valuation performed by our expert and the testimony of a real estate broker stating that there was no similar location for the client within 15 miles of the interchange.
• Appraiser Unable To Testify To Value. We recently challenged an appraiser for not having inspected the house on the property being condemned. At trial, the appraiser admitted that he had not gone on our client’s property, and had not viewed the house. We objected to his testimony being admitted and presented to the jury on the grounds that he did not have a basis for any opinion of the value of the house as part of the entire property. The Court indicated that it was considering barring all or part of his testimony when the trial stopped for the evening break. During the break, we pressed the condemning authority to consider a settlement. Before the next day, the county had agreed to a settlement that was 9 times greater than the original county pay in.

Speeches/Presentations

• Eminent Domain Section, State Bar of Georgia, “What is Inverse Condemnation?”
• Eminent Domain Section, State Bar of Georgia, “Recent Condemnation Issues ”, March, 2011
• Eminent Domain Section, State Bar of Georgia, “Compensation for Temporary Takings in Condemnation”, February, 2014.

Professional Affiliations

• Past Chairman, Southern Polytechnic State University Foundation, an organization that provides for capital development and advancement of the purposes of the University; Trustee, 2002 – present.
• Kennesaw State University Foundation, Trustee; Member, Real Estate Committee.
• Member, Construction Management Industry Advisory Board of Kennesaw State University Construction Management Department.
• Instructor, (Construction Law, Dispute Resolution) Construction Management Department, Kennesaw State University.
• Past President, Greek Orthodox Metropolis of Atlanta Diakonia Center, Inc., a 210-acre retreat and meeting facility. Oversaw operations and construction of new buildings and facilities.

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