Basics
Condemnation, in the sense that applies here
The word has two unrelated meanings. One is the legal process by which government acquires private property for a public project. The other is a building official declaring a structure unsafe. Most people searching for the second arrive at pages about the first.
Two meanings
Which one is yours
Condemnation as acquisition
A government agency, or a private entity with the power delegated to it, takes private property for a public project and pays compensation for it. This is eminent domain, and it is what most of this site covers.
Condemnation as a safety declaration
A building inspector declares a structure unfit for occupation under a housing or building code. No one is buying the property and no compensation is paid. The owner is ordered to repair, vacate or demolish.
The acquisition sense
The three requirements
A lawful taking under eminent domain has three elements, and they are the same everywhere, though the detail of each varies.
Authority. The entity doing the taking must hold the power, either directly as a sovereign or by delegation through statute. Highway departments, municipalities, school districts, utilities, pipeline companies and redevelopment authorities commonly hold it.
Public use. The taking must be for a public purpose. Courts read this broadly, and since the Supreme Court decision in Kelo in 2005 many states have narrowed it by statute, particularly for economic development takings.
Just compensation. The owner must be paid the fair market value of what is taken, together with damages to any remainder. This is the element that is genuinely open to argument.
In practice, the first two are rarely successfully contested. Challenges to authority or public use succeed occasionally and are expensive. Disputes about compensation succeed routinely, because valuation involves judgement.
Forms
What a taking can consist of
| Form | What happens |
|---|---|
| Total taking | The entire property is acquired and the owner must relocate |
| Partial taking | Part of the property is acquired and the owner keeps a remainder |
| Permanent easement | Title stays with the owner, specified rights pass to the agency |
| Temporary easement | Use of an area for a limited period, usually during construction |
| Access control | The right of access to a road is extinguished along a line |
| Inverse condemnation | No formal taking, but government action has effectively taken the property, and the owner sues |
Basic questions
Is condemnation the same as foreclosure or forfeiture
No. Foreclosure enforces a debt. Forfeiture penalises conduct. Condemnation acquires property for a public project and pays for it, whether or not the owner has done anything at all.
Can a private company condemn my land
In many states, yes, where the legislature has delegated the power. Pipelines, electricity transmission companies, railroads and some water utilities commonly hold it, subject to a regulatory approval process.
What if the project never gets built
Some states allow an owner to repurchase property that is not used for the stated purpose within a period. The rules are narrow and they vary, but it is worth asking about where a project is abandoned.
Can they take my home for a shopping centre
This is the Kelo question. The Supreme Court held in 2005 that economic development can be a public use, and more than forty states responded by restricting such takings. Whether it is possible depends entirely on your state.
Not sure what to do next
Most owners are reacting to a document they did not expect. Working through it in order is easier than it looks.