This office lease clause is a condemnation clause that illustrates a mild effort to deal with some of the issues In the event the whole of the building or a substantial part of the building is condemned.
Idaho Condemnation Clause
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FAQ
In Idaho, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.
7-911. Confirmation of an award. Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in sections 7-912 and 7-913, Idaho Code.
Eminent domain is the right of the government to take private property and convert it to public use. Condemnation is the process by which a government agency can exercise this power. These processes are rooted in the Constitution. The Fifth Amendment requires government to pay landowners ?just compensation.?
Search Idaho Statutes Contempt consisting in omission. When the contempt consists in the omission to perform an act which is yet in the power of the person to perform, he may be imprisoned until he has performed it, and in that case the act must be specified in the warrant of commitment.
7-721. Possession by plaintiff pending trial. In any proceeding under the provisions of this chapter for the acquisition of real property, the plaintiff may take possession of and use such property at any time after just compensation has been judicially determined and payment thereof made into court.
Whenever a state or local unit of government or a public utility is beginning negotiations to acquire a parcel of real property in fee simple, the condemning authority shall provide the owner of the property a form containing a summary of the rights of an owner of property to be acquired under this chapter.
What is a private right of condemnation? The right of one private landowner to take the property of another is unique to Mountain States. State constitutions in Colorado, Idaho, Wyoming and Arizona allow for private condemnation.
If property is not claimed within the ninety (90) day period, the property shall be deemed abandoned and the agency shall have the right to dispose of the property. A reasonable storage fee as determined by the agency may be assessed at the time an owner claims the property.