North Dakota Condemnation Clause

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US-OL11015A
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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.


The North Dakota Condemnation Clause is a legal provision within the state of North Dakota that addresses the government's power to exercise eminent domain. Eminent domain refers to the authority of a government entity to take private property for public use, provided just compensation is given to the property owner. This clause is crucial in determining the rights and procedures involved when the government exercises its power of eminent domain in North Dakota. The North Dakota Condemnation Clause is primarily rooted in the North Dakota Constitution. Article I, Section 16 of the state constitution outlines the procedures and protections afforded to property owners in the event of condemnation. Under this clause, property owners are entitled to fair compensation for the taking of their property, and the government entity must provide appropriate notice before initiating the condemnation process. There are different types of North Dakota Condemnation Clauses that may pertain to specific circumstances or types of property. These types include: 1. Public Use Condemnation: This type of condemnation permits the government to take private property for projects serving the public interest, such as building roads, schools, or parks. 2. Blight Condemnation: Blight condemnation refers to the power of the government to condemn and redevelop areas that are deemed blighted or economically depressed. This type of condemnation aims to revitalize areas and promote economic growth. 3. Utility Condemnation: Utility condemnation allows government entities to exercise eminent domain to acquire private property for constructing infrastructure related to utilities such as gas pipelines, power lines, or water supply systems. 4. Conservation and Preservation Condemnation: This type of condemnation enables the government to take land for the purpose of preserving environmentally sensitive areas, protecting historical sites, or conserving natural resources. When a condemnation action is initiated, the government must follow specific procedures outlined in the North Dakota Condemnation Clause. This typically involves providing written notice to the property owner, conducting a fair valuation of the property, and offering just compensation. In case of disputes over the adequacy of just compensation offered, property owners have the right to challenge these valuations in court. In summary, the North Dakota Condemnation Clause establishes the legal framework for the exercise of eminent domain within the state. It ensures that property owners are adequately compensated for their properties taken by the government for public use and provides necessary procedures to protect their rights in condemnation cases. Property owners should be aware of the different types of condemnation that exist within North Dakota, as these may have specific implications and requirements depending on the circumstances of the condemnation action.

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FAQ

Condemnation is the power of the government to take property away from private owners for some governmental purpose. The power is used, for example, when the state acquires farmland to build a highway or when a school district acquires a shopping mall for the construction of a school.

Inverse condemnation is a legal concept that entitles property owners to just compensation if their property is damaged by a public use. This liability rule applies to all government agencies, as well as utilities.

Is Condemnation the Same As Eminent Domain? While the two terms are sometimes used interchangeably, there is a subtle difference. Eminent domain grants a government the right to take over a property. condemnation is the actual act of taking it over.

Certain access points could be restricted, making the property worthless, which the government may do to purchase the property at a discount. Perhaps the biggest example of inverse condemnation involves the use of regulations to severely restrict what the landowner can do with the property.

To successfully bring an action for inverse condemnation, the property owner must show that the a government's taking has failed to promote substantial governmental interests or has deprived the owner of the economic value of their property.

Condemnation occurs when the government doesn't provide due process and make a reasonable or just payment for the land. One difference between eminent domain and inverse condemnation is that the government initiates eminent domain proceedings. Property owners begin the inverse condemnation process.

In contrast, in an inverse condemnation action the government does not admit that it has taken a landowner's property. Thus, it is incumbent upon the landowner to bring a court case in order to prove that a taking has occurred without just compensation being paid.

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Negotiate with the condemnor before condemnation proceedings begin;; Receive a copy of the appraisal done by the condemnor or a written statement and summary ... To hear and determine all adverse or conflicting claims to the property sought to be condemned and to the damages for the property. c. To determine the ...by JP White · 1962 · Cited by 2 — The field cultivated by the topic of condemnation is partic- ularly productive. It is of importance to the practitioner who. by DS Guy · 1974 · Cited by 8 — These abuses have been fostered in the dark corner of the law to which condemnation proceedings have been relegated. The law of eminent domain falls outside ... Condemnation lease clauses may provide for leasehold termination, leasehold extension options, restoration obligations, apportionment, bonus value, abatement of ... How to fill out North Dakota Final Order Of Condemnation? ... Avoid pricey lawyers and find the North Dakota Final Order of Condemnation you want at a affordable ... Kroculick argued that the taking required a complete raze and rebuild of the site. Unique among the valuation arguments was "total temporary take" damages ... Examination of the North Dakota statutes discloses that there is a conflict ... condemnation law contains a clause which prevents its usage in county road ... This publication introduces South Dakotans to the subject of eminent domain, or "condemnation." The discussion is limited to only those situations where the ... 7 Mar 2022 — The CCJWRD's use of the “carve out” provision and selecting a ¼ acre city lot as the equivalent to a 10 acre minimum rural Stanley Township lot ...

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North Dakota Condemnation Clause