Elizabeth M. Tarasi Construction Law Blog on Lawyers.com

What is condemnation?

Friday, January 9, 2009 by Elizabeth M. Tarasi

Condemnation is the process of taking private property for public use through the power of eminent domain. When private property is taken by the government, the owner is entitled to receive just compensation. The government or public entity must follow specific procedures and they must pay you the value for the highest and best use of your property. The highest and best use is a legal term and should be determined for you by a qualified expert.

In the United States, since part of our law was directly adapted from English "common law", there has always been provisions for the practice of condemnation. In fact the US Constitution states: "... nor shall private property be taken for public use, without just compensation".

Posted at 15:14 PM
Topic: Construction Law
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