Condemnation

Condemnation is a legal process by which a government or agency exercises its power of eminent domain to take private property for public use. This process involves the government compensating the property owner for the fair market value of the property.

Overview

The term "condemnation" is often used to refer to the formal act of the exercise of the power of eminent domain to transfer title to the property from its private owner to the government. This use of the word should not be confused with its sense of a formal declaration that some property is unfit for use. The property owner is compensated for the taking, and the value of the property is determined by an appraisal.

Legal Process

The legal process of condemnation typically involves a series of steps. First, the government or agency must declare a public need for the property. This could be for a variety of reasons, such as the construction of a new road or public building.

Next, the government must provide the property owner with a fair and reasonable offer for the property. If the property owner does not accept the offer, the government can then file a lawsuit to acquire the property through the court system.

The court will then determine the fair market value of the property and order the government to pay this amount to the property owner. Once the payment is made, the title to the property is transferred to the government.

Eminent Domain

Eminent domain is the power of the government to take private property for public use. This power is limited by the Fifth Amendment to the United States Constitution, which requires that "just compensation" be paid if private property is taken for public use.

Eminent domain can be exercised by federal, state, and local governments within the United States. The process of exercising this power is often referred to as "condemnation" or "taking."

See Also

• Eminent Domain
• Appraisal
• Fifth Amendment

References

Condemnation Resources
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