Illinois Condemnation Clause

State:
Multi-State
Control #:
US-OL11015A
Format:
Word; 
PDF
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Description

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.


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FAQ

Condemnation is used in law, and means the same thing as sentencing; you might have heard a judge say ?I condemn you to ten years of hard labor.? Also, a very dangerous building will be sealed up and deemed uninhabitable by an act of condemnation.

Also known as the "Takings Clause," it states: "nor shall private property be taken for public use, without just compensation." This provision does not prohibit the United States from acquiring property from private owners, but rather conditions such 'taking' on the payment of just compensation.

The government must initiate a lawsuit by filing a document called a complaint with the court and serve the property owner. The value of your property is then determined based on the date the complaint is filed, and the government becomes committed to its stated purpose for taking your property.

Condemnation, also called eminent domain or a ?taking,? is the right of a government or its agent to take private property for public use, with payment of compensation. In a condemnation action, the government takes both physical possession and legal title to the property.

Eminent domain is the power of the government to take private property and put it to public use, following the payment of just compensation.

Barring other catastrophic circumstances, a condemned building rarely requires demolition. Typically condemnation means there are safety concerns that must be addressed, and upon completing the necessary repairs, condemnation can be removed and the building can be used again.

Illinois Eminent Domain & Condemnation Explained In Illinois, the constitutional restrictions on the power of eminent domain are found in Article I, Section 15 of the Illinois Constitution, which states: ?Private property shall not be taken or damaged for public use without just compensation as provided by law.

In Illinois, a house may be condemned if it poses an immediate danger to the health and safety of its occupants or the community. This could include structural issues, contamination, lack of utilities (such as water or electricity), or code violations.

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Illinois Condemnation Clause