The Condemnation Clause, also known as the 'eminent domain' clause, is a power granted to the government to take private property for public use, as long as the owner is fairly compensated. It is found in the Fifth Amendment of the United States Constitution, and it states that no person shall "be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." There are two types of Condemnation Clauses: direct and inverse condemnation. Direct condemnation occurs when the government takes possession of the property after paying the owner just compensation. Inverse condemnation occurs when the government directly causes a loss of property value without taking possession of the property, and the owner must then sue the government for just compensation.
Defeasance Clause
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Examples of clauses regarding Condemnation of premises; in the event that, at any time during the term of the within Lease, the premises are taken for any public or quasi-public use pursuant to any statute or by right of eminent domain.
The Condemnation Clause, also known as the 'eminent domain' clause, is a power granted to the government to take private property for public use, as long as the owner is fairly compensated. It is found in the Fifth Amendment of the United States Constitution, and it states that no person shall "be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." There are two types of Condemnation Clauses: direct and inverse condemnation. Direct condemnation occurs when the government takes possession of the property after paying the owner just compensation. Inverse condemnation occurs when the government directly causes a loss of property value without taking possession of the property, and the owner must then sue the government for just compensation.
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