What is the difference between eminent domain and condemnation?

In Nebraska, eminent domain and condemnation are two distinct legal concepts. Eminent domain is the right of the government to take private property for public use, provided that the owner receives just compensation for the taking. In the United States, this power is granted to the federal, state, and local governments under the Fifth Amendment of the U.S. Constitution. Condemnation is a court proceeding in which a governmental body exercises its eminent domain powers. This is the formal legal procedure that the government must follow when using its power of eminent domain. A court will determine the amount of compensation that the owner of the taken property will receive, as well as other rights and remedies that may be available to the owner. In conclusion, eminent domain is the power of the government to take private property, while condemnation is the legal process used in order to exercise that power. The difference is that eminent domain is the power, while condemnation is when that power is actually used.

Related FAQs

How can I challenge an eminent domain action?
What is eminent domain?
Can an owner of property refuse to sell to the government?
What is a developmental impact fee?
What is the timeline for payment of compensation for a taking?
Can I receive compensation for a partial taking?
What is the procedure for resolving a dispute over compensation?
What is the difference between a public purpose and a public use?
What is the difference between just compensation and market value?
Are there any restrictions as to how the government can use my property?

What is the difference between eminent domain and condemnation?

Related FAQs

Related Blog Posts