Owens, Mark W.

Don Evans is a native of Cartersville, Georgia and attended the University of the South, Sewanee Tennessee and the law school at the University of Georgia. Following law school Mr. Evans spent two years as a clerk to Federal District Court Judge Harold L. Murphy in Rome, Georgia.

Mr. Evans' practice is focused on eminent domain, criminal defense, and general litigation, including divorce. Mr. Evans is a leader in defending the property rights of families throughout the State whose land is sought by electric companies such as Georgia Power and the Georgia Transmission Corporation. Mr. Evans is currently defending such actions in Bartow, Barrow, Cobb, Coweta, Catoosa, Forsyth, Gordon, Gwinnett, Hall, Jackson, Oconee, Paulding, and Washington counties.

In Bartow County, where the firm is located, Mr. Evans has achieved the largest civil verdicts in county history on three occasions:

In 2005, he obtained for his clients the first verdict over $1 million in county history;

In 2007, his clients were awarded the first verdict over $2 million in county history; and

In 2008, a jury awarded his clients the first verdict over $3 million in County history.

Recent Results

Boston Creek Holdings, LLLP v. Amicalola Electrical Membership Corporation (Bartow County Superior Court, Civil Action File No. 09-CV-1034)
The Court ruled that the AEMC's practice requiring its members to surrender property rights in exchange for electric service violates the United States Constitution and the laws of the state. Related Article: Judge Rules Power Co-op Trespassed

Georgia Transmission Corporation v. The Bickers Family Investments, LLLP (Gwinnett County Superior Court, Civil Action File No. 08-A-07510-1)
Mr. Evans represented the Bickers family in a powerline dispute and set aside a 15-acre condemnation of land. GTC intended to use the condemned acreage for construction of a 230 Kv electric transmission line, but Mr. Evans reversed the condemnation on the grounds that GTC failed to negotiate in good faith prior to using its power of eminent domain. To review the order click here.

Department of Transportation v. Spinner, Inc. (Bartow County Superior Court, Civil Action File No. 06-CV-790)
Mr. Evans represented the Spinner family in a condemnation proceeding that fatally impacted their skating rink business and obtained a multi-million dollar jury verdict for his clients.

Georgia Transmission Corporation v. Marsha Hammond White, et al. Forsyth County Superior Court (Civil Action File Nos. 01-CV-1134 & 01-CV-1135)
Mr. Evans currently represents the Hammond family in what is apparently the oldest ongoing powerline dispute in Georgia. Trial is anticipated in November 2009.

Representative Cases
     Georgia Power Company v. Jones, et al., 277 Ga. App. 332 (Georgia Court of Appeals 2006)
     Benham v. State, 277 Ga. 516 (Georgia Supreme Court 2004)