What’s the difference between eminent domain and condemnation?

If the government has its eye on your property, you may hear the terms “eminent domain” and “condemnation” thrown around. While they’re sometimes used interchangeably, they have very different definitions.

Understanding what they both mean can help you determine what steps you need to take if you are faced with this situation.

The Fifth Amendment

The nation’s founders wanted to lay the foundation for a fair and just government that was different than the one they’d just left. Therefore, they determined that no private property could be taken for public use unless the owner received fair compensation. 

Eminent domain gives the government the power to take private property; condemnation is the legal process. It is the formal act of taking private property.

There is often confusion because the word “condemnation” has two different legal meanings. There is condemnation due to unsafe conditions where a government agency determines that a building violates health and safety codes, is dangerously dilapidated or poses a public nuisance. In this situation, the owner has a choice to make repairs or demolish the structure.

When condemnation is used in reference to eminent domain, the property is structurally sound and valuable, but is needed for a public project. But the government has to follow specific steps:

1. The government identifies the property it needs and issues a Declaration of Taking, which outlines the purpose of the taking and why the project is necessary.
2. The government then files a Petition for Condemnation in the circuit court of the county where the property is located.
3. The property owner is given a 30-day notice of the condemnation proceedings
4. The property owner can contest the taking, the compensation or both
5. Both parties may negotiate to settle on a fair compensation amount
6. If negotiations fail, the case proceeds to court

If you receive a notice regarding the condemnation of your property, don’t feel pressured to accept the government’s offer right away. Your first step should be to contact a legal representative. They can evaluate the government’s offer and negotiate for a better settlement. They may also recommend that you challenge the government’s “public use” claim. Either way, they will protect your constitutional rights.