What is the difference between eminent domain and condemnation?
Eminent domain and condemnation are related concepts, but they are not the same. Eminent domain is the right of the government to take private property for public use. This is something they do in the interest of the population as a whole, such as to construct a road or school. In California, this right is granted by the Fifth Amendment of the United States Constitution. Condemnation, on the other hand, is the legal process of taking private property under eminent domain. The government will conduct an appraisal of the property, then make an offer to purchase the land at the appraised price. If the owner refuses to sell, the government can use the court system to condemn the property and the owner will be compensated for the land based on the appraised value. In summary, eminent domain is the right of the government to take private property for public use, while condemnation is the legal process of taking this property under eminent domain. In California, the government’s right to do this is granted by the Fifth Amendment of the United States Constitution.
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