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LSDefine

Simple English definitions for legal terms

condemnation

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A quick definition of condemnation:

Condemnation is when the government takes someone's private property for public use. This can happen because the property is needed for things like roads or nature preserves, or because it's dangerous. The government has to follow rules about when and how they can do this, and they have to pay the owner a fair price for the property. If someone disagrees with the government's decision, they can go to court to try to stop it. Sometimes, the word "condemned" is used to describe someone who has been found guilty of a crime and is facing a severe punishment like the death penalty.

A more thorough explanation:

Condemnation is a legal term that refers to when a government takes private property for public use. This is done through the government's power of eminent domain, which allows them to seize property for the greater good. Both state and federal governments have the authority to condemn property, but they must follow certain rules and restrictions.

For example, the Fifth Amendment of the US Constitution requires the federal government to provide just compensation to property owners whose land is seized under eminent domain. State and local governments are also subject to their own laws and regulations regarding condemnation.

Condemnation can be permanent or temporary and can occur for a variety of reasons. Some common reasons include building public utilities like roads, creating nature preserves, or removing dangerous structures that pose a threat to the public.

If a property owner disagrees with the government's decision to condemn their land, they can challenge it in court. For example, in Wayne County v. Hathcock, a decision to condemn land for a technology center was overturned because it did not meet the requirement of being for public use.

Outside of property law, the term "condemned" can also refer to someone who has been found guilty of a crime and sentenced to death.

condemn | condemnation action

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