What is condemnation?

Condemnation is a process of law which allows the government to take private property and use it for public use. This is allowed under the power of eminent domain, which is the right of the government to take private property for public use. The process of condemnation begins when the government determines that a certain property has public use. To take control of the property, the government must provide the owners with just compensation - typically the fair market value of the property - and the owners must agree to the terms. If the owners cannot agree to the terms, the government can seek a court order to take control of the property. In California, condemnation can be used for purposes such as building highways, bridges, parks, or public buildings. It is important to note that the government cannot take private property for its own benefit, but it must prove that taking the property would be for the public’s benefit. If the court determines that condemnation is appropriate, the government will acquire the property and pay the owners the fair market value. As of 2016, California’s Constitution requires a one-time payment to owners plus interest that is compounded annually.

Related FAQs

What is the difference between a public use and a public interest?
How do I prepare for an eminent domain proceeding?
How can I challenge the public use of the property taken through eminent domain?
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Are there any restrictions on the type of property subject to eminent domain?
What is the difference between a condemnee and a condemnor?
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