Condemnation is the legal process that allows a government or authorized private entity to take private property for public use. In some cases, the government seeks to acquire land for infrastructure. In others, it may declare a building unsafe due to structural damage or health hazards.
For property owners, understanding which types of property can be condemned is key. It may affect your rights, your ability to use or sell the property and whether you are entitled to compensation.
Unsafe or deteriorating structures
Local governments can condemn a property if it poses a threat to public health or safety. This often includes buildings with structural issues, fire damage, severe code violations or mold and pest infestations. Once a property is declared unsafe, the owner may be required to make repairs or vacate the structure. In some cases, demolition follows if the issues are not resolved.
Property needed for public infrastructure
Governments can take private property under the power of eminent domain to build roads, schools, airports or other public projects. This type of condemnation typically involves full acquisition of the property. Owners are entitled to just compensation, usually based on fair market value. Property owners may dispute the value offered or challenge the purpose of the project in court.
Land subject to easements
Even if the government does not take full ownership, it can condemn a portion of property to allow access for utilities such as water lines, pipelines or electrical infrastructure. These easements often allow ongoing access to the land while the owner retains title. Compensation is still required.
Abandoned or neglected property
Buildings that have been vacant for long periods or fall into serious disrepair may be condemned as public nuisances. If they become hubs for criminal activity or environmental hazards, local authorities may move to take control and demolish the property.
If your property is facing condemnation, seeking legal guidance can be helpful. An attorney can assess whether the action is lawful, explain your rights and help you pursue fair compensation or fight the order when appropriate.