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.
North Dakota Condemnation Clause
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Multi-State
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US-OL11015A
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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.