Eminent Domain and Inverse Condemnation
Mr. Cork has represented clients in numerous condemnation matters and
associated with other lawyers on such cases. He has been at the forefront of
developing the law in cases of business losses and temporary takings.
Published Texts and Articles
- Eminent Domain in Georgia
Jurisprudence 2d ed. (Thompson-West, 2008).
Kelo happen here?, Smart Business Atlanta, December 2005, p. 22.
domain strategies, Smart Business Atlanta, August 2005, p. 22.
- A Critical Review of the Law of Business Loss Claims in Georgia
Eminent Domain Jurisprudence, 51
Mercer L. Rev. 11 (1999).
City of Janesville v. CC Midwest, Inc.,
302 Wis.2d 599, 734 N.W.2d 428 (2007).
- Contributor to Condemnation Decisions, Survey of 1997-1998, for
1998 ABA Annual Meeting of Real Property
- Eminent Domain in 2 Georgia
Jurisprudence, Ch. 19, pp. 245-455, Lawyers Coop. Publ. (now
- Eminent Domain - Law and Update, ICLE 6th Annual General Practice &
Trial Section Institute, Amelia Island, March 16, 2007.
- Road and Access Law, National Business Institute.
Atlanta, September 7, 2000.
- Business Damages in Georgia, Meeting of the Condemnation Law
Committee of the Real Property Division of the American Bar Association, Atlanta,
August 9, 1999.
Representative Appellate Cases
- Hillman v. Dept. of Transp.,
257 Ga. 338, 359 S.E.2d 637 (1987)
(holding that condemnees are entitled to recover for damages caused by
temporary takings as a matter of constitutional law; rejecting a trend
in Court of Appeals decisions that prohibited a land owner from recovering
damages to the remaining property caused by the taking of a temporary
- Harper Investments, Inc. v. Dept. of Transportation,
251 Ga. App. 521, 554 S.E.2d 619 (2001)
(establishing that rights of access to property survive in spite of the
enactment of commercial driveway regulations and arguably restrictive
“temporary” right-of-way deeds; holding landowner was entitled
to damages for taking of driveway access although driveway permits were
expressly "temporary" and subject to rescission).
- DOT v. Hillside Motors, Inc.,
192 Ga. App. 637 (1989) (holding that
used car seller was entitled to loss of income because temporary construction
made access difficult and deposited dirt and dust on the owner's vehicles, and
that such damages should be awarded even though there was no proven history of
profitability of the business).