Condemnation & Eminent Domain Takings for Public Use - Eminent Domain

Condemnation - Due Process and Fair Compensation Condemnation Law

Condemnation is the exercise of power by a governmental authority, like a municipality, to transfer to itself any property owned by a private individual by offering fair compensation. Such exercise of power may be done to facilitate activities that benefit the public, like construction of public utilities that include highways, schools, courthouses, and railroads. The right of the government to seize citizen's property by giving monetary compensation and without necessarily obtaining the citizen's consent is called the right of eminent domain. The process of transferring title over private property to the government, ie; the process of municipal taking, is called condemnation.

In condemnation proceedings, the government initially conducts an appraisal of the property value and offers the property owner a price on the basis of the appraisal. Even if the property owner dos not accept the price, the government can proceed with condemnation by depositing the value in an escrow account. The property owner can challenge the price offered by the government in a court proceeding. However, this will not delay or nullify the condemnation proceedings.

Municipal taking can also happen if a property is likely to cause danger to the public. In such cases, the government can work on the condemned property and rededicate it to public use after the issue of public concern is rectified.

The government can condemn only as much property as is necessary for public benefit. In a process of condemnation, there can be several types of takings:

  • Complete Taking: An entire property is seized.

  • Partial Taking: Only a part of a property that is required to taken to serve the public purpose. In such cases, however, the owner should be compensated for the piece of land that is taken as well as any damage caused to the left over property.

  • Temporary Taking: Property, in part or entirety, is taken for a short period of time.

  • Easements: A government utility might require right of easement over a private property to install and run electric lines. The property owner can continue to use the property for personal use in a manner that does not affect the government's right of easement.

Condemning will be legally valid if it is performed for public utility and where there is public necessity. In addition, the property owner must be offered fair compensation and due process of law should be followed in the entire process.

Like real property, the government can also condemn intellectual property for public use.