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

Does eminent domain apply to renewable energy projects?
How are the eminent domain laws different in each state?
What is the process for determining the public use of my property?
What are the rights of a tenant when a landlord’s property is taken?
What is a taking without compensation?
How does the government determine the fair market value of my property?
What is the procedure for resolving a dispute over compensation?
Is eminent domain constitutional?
How long does the eminent domain process take?
What is the difference between a public use and economic development?

What is the difference between eminent domain and condemnation?

Related FAQs

Related Blog Posts