Condemnation

Definition

Condemnation is a legal process by which a government or public utility takes private property for public use, with compensation provided to the owner. This process operates under the right of eminent domain. Condemnation can also refer to declaring a structure unsafe and unfit for habitation, leading to its closure or demolition to ensure public safety.

Examples

Eminent Domain Usage Example: Abel’s home is located in the right-of-way of a planned new highway. When Abel refused to sell his property, the highway department invoked eminent domain and acquired the property through condemnation. Abel was compensated the fair market value for his home based on a professional appraisal.
Declaring a Structure Unfit: An old and dilapidated building was deemed unsafe by the state health department. Using its condemnation powers, the department enforced its housing code, preventing the use of the structure and mandating necessary repairs or demolition.

Frequently Asked Questions (FAQs)

What is the difference between condemnation and eminent domain?

Condemnation is the process through which eminent domain is executed. Eminent domain is the government’s power to take private property for public use, whereas condemnation is the act of physically taking the property and compensating the owner.

How is the compensation for condemned property determined?

Property compensation in a condemnation proceeding is generally determined based on the fair market value of the property at the time of taking. This value is established through appraisals conducted by qualified professionals.

Can an owner refuse a condemnation order?

While property owners have some rights and can contest a condemnation order in court, ultimately, if the taking meets legal standards and is deemed necessary for public use, the government typically has the authority to proceed.

What rights do property owners have in condemnation cases?

Property owners have the right to fair compensation, which is often the fair market value of the property. They can also challenge the condemnation in court, arguing that the taking is not for public use or that the compensation is inadequate.

What are some common public uses for which private property might be condemned?

Common public uses include the construction of roads, highways, public schools, parks, and other infrastructure projects. Utility companies may also use condemnation to install necessary infrastructure like power lines or pipelines.

Eminent Domain: The right of a government to take private property for public use, with compensation provided to the property owner.
Fair Market Value: The price at which a property would sell under normal conditions on the open market.
Right-of-Way: The legal right to pass through property owned by another. This can be acquired through condemnation for public projects like highways.
Housing Code: Regulations governing the conditions under which residential premises can be occupied, aiming to ensure safety, sanitation, and proper maintenance.
Appropriation: Similar to condemnation, appropriation is the act of setting aside property for a specific use, typically involving a formal decision-making process.

Online Resources

References

“Eminent Domain and Condemnation.” U.S. Department of Justice, Link.
“What is Condemnation?” FindLaw, Link.

Suggested Books for Further Studies

Lemke, Thomas P., “Eminent Domain: A Step-by-Step Guide to Condemnation Procedure”.
Berger, Michael R., “Condemnation 101: A Practical Guide for Condemnation, Eminent Domain, and Land Valuation Litigation”.
Eagle, Steven J., “Regulatory Takings”.

Real Estate Basics: Condemnation Fundamentals Quiz

### What legal process allows the government to take private property for public use? - [ ] Appropriation - [x] Condemnation - [ ] Homesteading - [ ] Zoning > **Explanation:** Condemnation is the legal process by which the government takes private property for public use under its power of eminent domain, with compensation provided to the property owner. ### Under what doctrine does the government have the authority to condemn property? - [ ] Adverse possession - [ ] Common law - [x] Eminent domain - [ ] Prescriptive easement > **Explanation:** The government operates under the doctrine of eminent domain, which grants it the authority to take private property for public use, with compensation to the owner. ### What type of compensation must property owners receive when their property is condemned? - [ ] Above market value - [ ] Replacement value - [x] Fair market value - [ ] Historical value > **Explanation:** Property owners must receive compensation based on the fair market value of their property when it is condemned. This value is determined through an appraisal of the property's worth on the open market. ### What is a common use of condemnation in urban areas? - [x] To build new highways - [ ] To expand private property holdings - [ ] For underground mining purposes - [ ] For agricultural development > **Explanation:** A common use of condemnation in urban areas is to build new highways, which requires acquiring private property to complete the construction project. ### Can property owners contest a condemnation order? - [x] Yes, they can take legal action to challenge it. - [ ] No, they have no recourse. - [ ] Only if they are represented by a lawyer. - [ ] Only within 30 days of receiving notice. > **Explanation:** Property owners can contest a condemnation order in court. They may argue that the taking is not for public use or challenge the amount of compensation offered. ### What law generally governs the process of determining compensation for condemned property? - [ ] State environmental laws - [ ] Local housing codes - [x] Eminent domain laws - [ ] Federal income tax laws > **Explanation:** Eminent domain laws generally govern the process of determining compensation for condemned property, ensuring owners receive fair market value. ### Aside from compensation, what must be shown for the government to successfully condemn property? - [ ] The property owner's consent - [ ] A lack of alternative options - [x] Public use need - [ ] Environmental hazard findings > **Explanation:** For the government to successfully condemn property, it must demonstrate that the taking is necessary for public use. ### If a building is condemned as unfit for habitation, what is the likely reason? - [ ] It is overly decorated. - [ ] It is partially rented. - [x] It violates housing codes. - [ ] It is used for commercial purposes. > **Explanation:** A building is likely condemned as unfit for habitation due to violations of housing codes, which aim to ensure safe, sanitary, and proper living conditions. ### Why might a utility company use condemnation powers? - [ ] To arbitrarily increase property values - [x] To install essential infrastructure - [ ] To develop private housing projects - [ ] To convert commercial spaces > **Explanation:** Utility companies might use condemnation powers to install essential infrastructure, such as power lines or pipelines, necessary for public utility services. ### What type of appraisal is commonly used to determine compensation in condemnation cases? - [ ] Historical appraisal - [x] Fair market value appraisal - [ ] Replacement cost appraisal - [ ] Comparative market analysis > **Explanation:** A fair market value appraisal is commonly used to determine compensation in condemnation cases to reflect the price the property would fetch on the open market under normal conditions.