What is the difference between eminent domain and condemnation?
Eminent domain and condemnation are terms used in the legal field that are closely related but have different meanings. Eminent domain is the right of the government to take private property for public use, with the owner being justly compensated for it. This is typically done for roads, public parks, schools, or other public projects. Condemnation, on the other hand, is the process of the government actually taking the property rights from the owner. This process is typically done through a court proceeding that will assess the fair market value of the property and decide whether the owner is entitled to receive any compensation. In the state of Virginia, the state government can take private property through eminent domain as long as compensation is given to the owners. The Virginia Constitution, Article I, Section 11, states that private property can be taken, but the owner is entitled to just compensation that is determined and paid by the court. To sum it up, eminent domain is the right of the government to take private property while condemnation is the process of the government actually taking the property rights from the owner with just compensation being paid to the owner. Virginia, like many other states, follows the doctrine of eminent domain with consideration for fair compensation to the owner.
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