Condemnation of property is where an individual’s private property is taken for public use according to the power of eminent domain. Before property is taken, it may be condemned.
Condemnation means that the property is marked for modification or destruction so that it can be used for a public purpose. One example of property being condemned arises when a residential home is cleared out to make way for a wildlife reservation.
In this example, a residence is condemned so that the land it sits on can serve the public use of a more natural environment.
How Do I Know if My Property Has Been Condemned?
In most cases, when an individual’s property has been condemned, they will receive a written offer to acquire the property in exchange for money from a government agency. Another way an individual can be notified is if they are served with a summons and complaint in condemnation.
When Is Substitute Condemnation Appropriate?
A substitute condemnation is used in exceptional circumstances when the owner of land taken for public use may only be adequately compensated by receiving another property in exchange for their property. Substitute condemnation, however, is not permitted if the land given as compensation would provide the landowner with more value than what was taken.
What Is Eminent Domain?
The United States Constitution provides the government with the right to take and use property for a public purpose so long as they provide the landowner with just compensation. In general, most federal and state governments delegated this power of eminent domain to local municipalities and governments.
What Is a Public Purpose for Eminent Domain Matters?
For a government to take private property under eminent domain powers, the government must show that the property will be used for a public purpose. In general, the government is provided with a lot of leeway regarding what is considered a public purpose.
In addition, courts are typically not willing to question the purpose that the government provides for taking the land.
What Is Just Compensation in Eminent Domain Matters?
Under the U.S. Constitution, the government is not allowed to take an individual’s land or any part of their land without providing just compensation. This term means that the government is required to pay the individual for the land taken from them as used for public purposes.
Just compensation is not an exact measurement or concept. It typically means that it is the highest price the property would bring if it were for sale on the open market for a reasonable period, assuming that the buyer has knowledge of all of the uses and purposes for which it may be used.
When determining the value of property, a court will consider the highest and best use of that property. This means that if the property were more valuable if its use was changed, the individual would be entitled to compensation accordingly.
In other words, just compensation is often measured regarding the landowner’s loss, not what the government gains. The amount of this loss would be measured according to the fair market value standards and the time of the taking.
Some courts have calculated just compensation by determining the value of the land at the time it was condemned and before the beginning of public usage. The court would then attempt to estimate the land’s value after the public use began.
The difference between those two figures would be the approximate amount of just compensation.
Who May Condemn Property?
Under the Takings Clause of the U.S. Constitution and the principles of eminent domain, as noted above, the government is permitted to take private property for the purpose of public use. The property owner must be reimbursed with just compensation for the loss of their property, as discussed above. A private entity, such as a charity or a corporation, may also condemn property if that property is used for a public purpose.
They are also required to fairly and justly compensate the property owner for that taking. It is important to note, however, that private condemnation of land is rare.
This is because most private entities will obtain land for a private use rather than a public use. Taking land for a public purpose is more commonly done by a federal or state entity.
What Constitutes a Taking?
A taking by a government that results in condemnation of private property involves the confiscation or physical occupation of the private property or government regulation that results in no economically viable use of the land. A taking does not occur if the occupation of the property advances a substantial government interest, such as preserving natural resources.
Additionally, a property owner may not be entitled to just compensation when the occupation does not result in any fundamental change in the ownership of the property.
Why Is My Property Being Taken?
A government can take property for public use, which may involve an issue of public health or safety. For example, the government may need to remove blight or property in a state of disrepair or dirty.
Public use can also refer to public ownership. For example, the government may take a property to build a:
- Library;
- Military base; or
- Highway.
These structures are typically run by a government, which justifies them for taking private property. One of the more controversial uses of eminent domain powers involves allowing a private party to take the property of another private party in the name of the public good.
The United States Supreme Court has held that economic development by a private party may be a justification for eminent domain. However, it is important to note that many federal regulations and state laws have limited this ruling.
What Is an Illegal Taking of My Property?
A government is not allowed to take property for non-public use. This usually applies when the government takes property from a private party and gives it to another party for its own use.
For example, if a city takes a house from A and gives it to corporation B so that the corporation can build an office building, this taking does not benefit the public or serve a public purpose in any way. Therefore, this taking would not be a public use permissible under the Constitution.
How Do You Distinguish a Civil Forfeiture from a Condemnation?
If law enforcement believes that an individual has committed a crime on their property, they may have the right to seize it. This type of seizure of property related to a criminal offense is called civil forfeiture or condemnation.
A government may seize an individual’s property if it has reason to believe that the property was:
- Used during the commission of a crime; or
- Purchased with the proceeds from a crime or criminal activities.
Can I Get Land Back for Compensation?
In certain cases, if monetary compensation for land taken from an individual by a government agency is not adequate, land taken from a third party may be used to compensate for the individual’s loss. These types of transactions are referred to as condemnation.
Do I Need a Lawyer?
If a government agency is taking your land and not providing you with just compensation, it is in your best interests to consult with a real estate lawyer who is familiar with eminent domain law in your area. You should also consult an attorney if your property is being taken and given to another individual whose land was taken by eminent domain.
