Real Property

Condemnation

The legal process by which the government exercises eminent domain to take private property for public use.


Definition

Condemnation is the formal procedure through which a government body takes private property under its eminent domain power. The process requires that the taking serve a public purpose and that the owner receive just compensation, typically the fair market value of the property. The term is also used to describe the act of declaring a building unfit for occupancy due to building code violations or unsafe conditions.

Exam Tip

Condemnation has two meanings: (1) the eminent domain process, and (2) declaring a building unsafe. Context determines which meaning applies.

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