What is the difference between eminent domain and condemnation?

Eminent domain and condemnation are two terms that are closely related to one another. Eminent domain is a legal term that applies when the government has the power to take private property for a public use. It is referred to as the power of the government to take the property away from the owner without their consent, and without paying them for the property. Condemnation is what occurs when the government takes the property through the power of eminent domain. It is the process that occurs when the government institutes the legal action of taking land or property for public use. The government must notify the property owner of their intent to take the property and the purpose for taking it. If the property owner does not agree with the price offered for the property, they can challenge it in court. In North Carolina, condemning authorities must demonstrate that the property is necessary for a legitimate public purpose. This could include building a school, constructing a new highway, or any other public good. They must also offer the owner the fair market value for the property. Essentially, eminent domain gives the government the power to take private property, while condemnation is the process that is used to implement that power.

Related FAQs

What is the fair market value of my property?
Can my property be taken if I do not receive fair compensation?
Can private individuals use eminent domain?
How can I challenge an eminent domain action?
What should I do if my property has been taken?
Does eminent domain apply to all types of property?
What is the difference between a public use and a public welfare exception?
How are relocation costs determined?
What are the rights of the property owner during an eminent domain proceeding?
Who has the power of eminent domain?

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