Pennsylvania Condemnation Clause

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Multi-State
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US-OL11015A
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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.


The Pennsylvania Condemnation Clause is an essential legal provision that defines the rights and responsibilities of both the government and private property owners in the event of eminent domain and condemnation actions within the state. This clause serves to protect property owners from unjust seizures of their land by providing them with legal recourse and fair compensation. When the government exercises its power of eminent domain to acquire private property for public use, the Pennsylvania Condemnation Clause acts as a safeguard to ensure that property owners are adequately compensated for their loss. It outlines the process by which the government can acquire private property, which includes providing notice to the property owner, conducting appraisals to determine fair market value, and negotiating just compensation. This clause ensures that property owners are not unduly burdened or left economically disadvantaged by these actions. In Pennsylvania, there are different types of condemnation clauses, each possessing its own unique characteristics: 1. Public Use Condemnation Clause: This clause specifically pertains to the acquisition of private property by the government for public use. Public projects such as highways, schools, parks, or other infrastructure development may require the condemnation of private land. However, the government must demonstrate that the intended use of the property serves the public interest. 2. Blight Condemnation Clause: The Blight Condemnation Clause enables the government to condemn properties that are deemed blighted or in a state of deterioration. This type of condemnation is initiated to eliminate or revitalize properties that pose a threat to public safety, health, or welfare. The government must follow specific legal procedures to justify and implement this type of condemnation. 3. Economic Development Condemnation Clause: Economic development condemnation can occur when the government seeks to acquire private property for redevelopment or revitalization purposes that supposedly serve the broader economic interests of the community. However, controversy often surrounds this type of condemnation, as critics argue that it benefits private developers at the expense of individual property rights. While the Pennsylvania Condemnation Clause protects property owners, it is essential for them to understand their rights and seek legal representation to navigate the condemnation process effectively. By knowing their rights under this clause and engaging in negotiations, property owners can secure fair compensation and ensure that their interests are protected.

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FAQ

Currently, in most cases in Pennsylvania, the tenant or trespasser must be in ?actual, continuous, exclusive, visible, notorious, distinct and hostile possession? of the property for at least ten years to claim adverse possession of a 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.

(a) Eminent domain.-- (relating to eminent domain) must be filed within six years from the date on which the condemnor first made payment in ance with 26 Pa. C.S. § 307(a) or (b) (relating to possession, right of entry and payment of compensation). (ii) If payment is not required to be made under 26 Pa.

A structure is unfit for human occupancy whenever the Code Enforcement Officer finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, ...

Eminent domain is the power of government to acquire property for public use so long as the government pays just compensation. Recognized public uses for which the power of eminent domain may be used include: highways, roads, schools, public buildings, and the elimination of blight.

In Pennsylvania, eminent domain gives the government the power to take your property, even if you don't want to sell.

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.?

Twelve states (Alabama, Georgia, Idaho, Indiana, Kentucky, Michigan, Ohio, South Dakota, Texas, Utah, West Virginia, Wisconsin) enacted legislation to prohibit the use of eminent domain for economic development.

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--This title provides a complete and exclusive procedure and law to govern all condemnations of property for public purposes and the assessment of damages. (b) ... Dec 8, 2020 — The Code applies to all condemnations, and the form declaration of taking must be used by all condemning authorities. However, the procedures ...In a property tax appeal filed on behalf of a shopping center owner in Allegheny County,. Pa., obtained a 45-percent reduction of assessment after a major ... Condemnation lease clauses may provide for leasehold termination, leasehold extension options, restoration obligations, apportionment, bonus value, abatement of ... If any person shall fail, neglect or refuse to commence work to remove or abate such public nuisance, or to file an appeal as herein provided within the time ... Nov 10, 2015 — When the lawsuit is filed, the complaint will contain a complete description of your property, a description of your property that is actually ... Nov 26, 2018 — Clauses waiving a right to share in the condemnation proceeds but allowing lessees to pursue separate claims against the condemnor may be ... Sep 19, 2018 — Rule 71A(d)(3)(i) provides that personal service of the notice of condemnation (but without copies of the complaint) shall be made in accordance ... Every condemnor is required to give security to effect the condemnation by filing with the declaration of taking its bond, without surety, to the Commonwealth ... Notwithstanding the terms of the condemnation clause, after the Pennsylvania ... File Tax Assessment Appeals on Recently Sold, Underassessed Properties · Read ...

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Pennsylvania Condemnation Clause