What is the difference between eminent domain and condemnation?

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.

Introduction

Condemnation is a legal process used by government entities to acquire private property for public use. In the process of condemnation, the government takes title to the property through the power of eminent domain. This article will explain what condemnation real estate is, how it works, and what rights owners have when their property is subject to condemnation.

What is Condemnation Real Estate?

Condemnation real estate is property that has been taken by a government entity under the power of eminent domain. This process allows the government to take private property for public use, such as building roads, schools, or other public projects. When a property is condemned, the government pays the owner fair market value for the property, which is determined by an independent appraiser.

How Does Condemnation Work?

The process of condemnation begins with a notice of condemnation from the government entity. This notice will explain why the property is being taken and what the owner’s rights are. The owner then has the right to contest the taking in court, and if they do, the court will determine the fair market value of the property. If the owner does not contest the taking, the government will pay the owner the fair market value for the property.

Rights of Owners

Owners of condemned property have certain rights that must be respected by the government. These rights include:

• Right to Fair Market Value: The owner must be compensated for their property at fair market value.
• Right to Contest: The owner has the right to contest the taking in court.
• Right to Relocation Assistance: The owner may be eligible for relocation assistance if they are displaced by the taking.

FAQ

What is condemnation?

Condemnation is a legal process used by government entities to acquire private property for public use.

What rights do owners have when their property is condemned?

Owners of condemned property have the right to fair market value, the right to contest in court, and may be eligible for relocation assistance if they are displaced by the taking.

Conclusion

Condemnation real estate is property taken by a government entity through the power of eminent domain. The process begins with a notice of condemnation and owners have certain rights that must be respected by the government. Understanding condemnation real estate can help owners make sure their rights are protected if their property is subject to condemnation.