What is a condemnation? Kiritsis Law Group 212 922 0005

May 13, 2021

By: John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M

Generally, it refers to a government’s exercise of eminent domain powers, to take private property for public use. It is important to note that under eminent domain, property rights are subject to constitutional protections against private property takings, without a fair compensation. Usually, owners of condemned property are afforded significant due process rights to bring legal challenges over the condemnation and/or to seek more compensation for the property subject to condemnation. Although, condemnations are often thought in the context of real property law, it is possible for condemnation to occur over personal and/or intellectual property. Also, the term ‘condemnation’ and/or derivations from it, may be a term of art in certain Zoning and/or municipal law regulations. A condemned property, that is not demolished and/or replaced by another structure, could be a bee hive for increased criminal activity, and waste of resources. The substantive and due process rights afforded to an owner, prior to condemnation may vary based on jurisdiction and underlying fact pattern. Often, condemnation may be triggered by a landlord’s indifference towards repairs and maintenance, and thus, the creation of delegated property which may be subjected to condemnation.

 

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