Eminent Domain vs. Condemnation

Eminent domain and condemnation are two terms often used interchangeably. Though legally, they have very different meanings, it’s not difficult to get the two confused. If you are a property owner, it’s important to understand the difference between eminent domain vs. condemnation. While you may hope that neither of these terms becomes relevant to you and your property, it could happen. Understanding these two terms can help you be prepared if the issue ever arises.

What Is Eminent Domain?

Eminent domain is a term that refers to the right an entity has to seize private property from its owner and use it for the public interest. It is important to note that not just anyone can exercise eminent domain, and certain qualifications must be met for this right to be used. To exercise eminent domain, there is a strict procedure, and intricate guidelines must be followed to ensure property owners’ rights are adequately protected.

In addition, the government or other entities must provide some kind of just compensation for seizing private property. Depending on the unique details of the case, it can come in the form of one lump sum or in other ways that may be deemed appropriate.

While the term eminent domain is often used to describe the process of the government seizing personal property for public use, there are also cases in which private entities, such as those using pipelines and transmission lines, may have the right to seize property. These entities are subject to state and federal laws, further ensuring the protection of property owners involved.

Eminent Domain Process

Before an eminent domain can occur, a few general steps should be taken. These steps include:

• Public announcement. A public or government entity must announce a new project that will require the use of your property.
• Property appraisal. Your property’s value must be appraised to determine the market value.
• Initial offer. You must be given an official offer based on the appraisal.
• Legal consultation. You and an attorney should review the offer, discuss the pros and cons, and decide whether to accept, negotiate, or challenge. It may also be possible to dispute the valuation of the property.

Understanding the steps in the eminent domain process is vital for protecting your rights as a property owner. Consulting with an experienced eminent domain lawyer early can help you confidently navigate the process, ensure you receive an appropriate valuation, and even explore potential legal avenues to contest the taking of your land.

What Is Condemnation?

Condemnation refers to the actual process by which an entity exercises their eminent domain right. Each condemnation process looks different based on what the property is being used for. For example, a company that seizes land to build a road will go about the process differently than a company that seizes land to install a natural gas pipeline.

It’s important to remember that any entity wishing to condemn a property must go through a lengthy legal process of acquiring eminent domain rights. They are also still subject to state and federal laws.

Property Owner Rights

Initially, it may seem as though a property owner has no say in their property rights regarding eminent domain, but this is not the case. For starters, an entity that invokes eminent domain privileges is required to provide just compensation. At the state level, a property owner is allowed to have a jury trial regarding the terms of compensation.

This is one reason having an experienced attorney on your side can be helpful as a property owner facing an eminent domain claim. You are not required to simply accept any form of compensation that you are offered. In fact, you are allowed to disagree with it. The compensation is required to be fair, not just what the entity believes should be offered.

FAQs

Q: Is Eminent Domain and Condemnation the Same?

A: Eminent domain and condemnation are not the same, though they are related concepts. Eminent domain is the right that an entity has to seize private property for certain reasons, such as using the property for the overall benefit of the public. Condemnation is a term that refers to the process that a company or entity goes through in order to actually use the property that they seized through eminent domain.

Q: What Is an Example of Condemnation?

A: One example of condemnation would be if the Department of Transportation (DOT) needed to make room for a new highway, they could seize private property to do so. Because condemnation refers to the action of carrying out eminent domain, the example here would be the DOT actually seizing that property and then building the new highway on that same property. Condemnation will look different in every case, depending on the reasons the private property is being seized.

Q: What Is the Difference Between Eminent Domain and Dedication?

A: The main difference between eminent domain and dedication is that eminent domain is initiated by those wishing to use the property for a public benefit, while dedication is initiated by the property owner who freely donates their land for a public benefit. While both can have the same outcome, the land being used for the public good, they are two different courses of action.

Q: Can I Stop Condemnation as a Property Owner?

A: As a property owner, you are legally allowed to challenge condemnation; however, it can be difficult to do so. If you are considering challenging a condemnation of your property, you may have a better chance of challenging the compensation instead. These types of arguments can be much easier to work through in court.

Hire a Property Attorney in Fort Mill

Property laws can be complex and include many confusing legal terms. If you or someone you know is facing an eminent domain situation, don’t try to fight the battle alone. It can be intimidating going up against a large company or governmental entity. At Mack & Mack Attorneys, our experience in handling such cases can help you get what you deserve. Reach out today to learn more about how we can assist you.