Condemnation
Standard Definition
The legal process by which a government exercises its power of eminent domain to take private property for public use, paying just compensation.
Detailed Examination Analysis
Condemnation is the execution of the power of eminent domain. While eminent domain is the government's *right* to take property, condemnation is the legal *action* taken to acquire it. The government must demonstrate that the property is needed for public use (e.g., building a highway, school, or utility line) and must offer the property owner fair market value as compensation. If the owner refuses, the government can initiate a condemnation lawsuit to seize the title.
Real-World Examination Scenario
"The state planning department determines that a new highway bypass must run through a farmer's pasture. The state offers the farmer $120,000 based on appraisals. When the farmer refuses to sell, the state files a condemnation suit to take the land and pay the farmer the appraised value."
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