What is the difference between a condemnee and a condemnor?
The difference between a condemnee and a condemnor in Washington’s eminent domain law is essentially that of a plaintiff and a defendant. In a condemnation action, the condemnee is the party who has their property taken; this is the plaintiff. Often this is a private property owner who is being required to give up their property for public use. The condemnor is the party who is taking the property; this is the defendant. This is usually a government body or a public entity that is executing the taking of the property. Some examples of condemnees include a private landowner, a tenant, or a business. A condemnor can be a county, a city, a state or even the federal government. In a condemnation action, the condemnor must first serve a notice of condemnation to the condemnee. This is the legal document that informs the condemnee that the condemnor intends to take the property and provides details of the taking. The condemnee then has the right to receive just compensation for the taking of their property. This usually occurs in the form of a money payment but can also include other arrangements such as a land exchange. In Washington, a condemnee may contest the condemnation and may even receive a greater amount of compensation than was originally offered by the condemnor.
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