Georgia

Do GA cities have to pay for any damages done to your yard by public work? What the law says

Crews with Norcross Power work on fixing down electrical lines on Holcomb Bridge Road, Friday, Sept. 27, 2024, in Norcross, Ga. Trees fell on the line after Hurricane Helene brought heavy rain and high winds across Georgia. (Jason Getz / AJC)
Crews with Norcross Power work on fixing down electrical lines on Holcomb Bridge Road, Friday, Sept. 27, 2024, in Norcross, Ga. Trees fell on the line after Hurricane Helene brought heavy rain and high winds across Georgia. (Jason Getz / AJC) TNS

If the city or a utility company has to repair damage to the existing infrastructure, it often will have to issue a utility easement, or declare eminent domain in the case of the government.

This allows some government or utility companies legal access to private property to build and maintain public infrastructure.

Even if the land itself is yours, with easements property paperwork for decades, if damage occurs, the city or utility company’s responsibility could be limited for repairing certain losses, depending on a few factors.

Why would the city need an easement?

There are rules that apply statewide, but generally, city crews have the right to enter these easement areas.

Reasons to enter an easement:

  • Install, maintain, repair, and upgrade utility infrastructure such as water, sewer, electric power, broadband, and drainage lines.
  • Regular inspections and routine maintenance on utility equipment for safety, reliability, and regulatory compliance.​
  • Emergency situations, like leaks, power outages, or damaged lines that require immediate attention.​
  • Clear vegetation and remove obstructions that could block access to utility corridors or pose risks to infrastructure.​
  • Expand or upgrade broadband within existing electric easements, as permitted by Georgia law, so long as no new poles or ground structures are added.​
  • To fulfill legal obligations regarding public health, safety, or drainage management.

Any work done outside the easement generally requires your permission, an emergency justification, or a legal order.

What happens if they damage your property?

If your property is damaged, there are general guidelines about what they will and won’t replace, based on Georgia Code § 22-1-6.

If they damage something, they can still move forward with the project, but they must pay “just and adequate compensation.”

That compensation includes both direct damage to the property taken and certain consequential damages to the remaining property, like reduced value or impaired access.

Things they are required to pay for:

  • The value of land or property actually taken by condemnation (if it is taken permanently).
  • Consequential damage such as loss of value to the whole of the property or permanent changes that reduce access. 

Things they generally are not required to pay for:

  • Fences, gardens, landscaping, trees, shrubs, sheds, pet enclosures.
  • Decorative features (rock beds, water features, custom hardscaping) installed in the easement after it was granted, if they interfere with maintenance or repair.​
  • Ongoing maintenance or re-landscaping to restore your yard to its original look beyond basic grading and seeding.

What should you do if your property is damaged?

If it is damaged:

Georgia Eminent domain law firm offers this advice:

  • Document all damage with photos and note dates and the names of any involved crews.
  • Request a copy of the work order and confirmation of the easement location
  • Contact the utility company or city office directly.
  • Seek advice from a local real estate attorney, if you’re unsuccessful with the companies

Learning where your easements are can save you headaches in the long run. You can check your property records at the county clerk’s office or look online to see if your yard includes an easement.

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This story was originally published December 2, 2025 at 6:00 AM with the headline "Do GA cities have to pay for any damages done to your yard by public work? What the law says."

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