What is the difference between eminent domain and condemnation?

The difference between eminent domain and condemnation lies in how the property is taken from its owner. Eminent domain is the power of the government to acquire private land for public use and is generally done without the consent of the owner. Condemnation is the legal process whereby the state takes away the title and rights of the owner to the property, and compensates the owner for the value of the property taken. In South Carolina, if property is taken by eminent domain, the government or utility must provide “just compensation” to the property owner in the form of money or land. This compensation is based on the value of the land taken. The owner can also be compensated for other items of value such as buildings, improvements and fixtures that are taken along with the land. In a condemnation proceeding, the government basically exercises its power to force the owner to sell the property, regardless of whether they want to or not. The government determines the amount of compensation, and in some cases, the government can actually come in and take the property without first making a written offer. In conclusion, eminent domain in South Carolina is the broader term, which includes the power of the government to take property for public use. Condemnation is the legal process of the government taking away the title and rights of the owner to the property. Both involve the payment of just compensation to the owner, but the difference lies in the way in which the land is taken.

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What is the difference between eminent domain and condemnation?

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