The terms eminent domain and condemnation are often used and thrown around together, causing many people to get believe they are the same thing. While two terms are similar in meaning, they’re not entirely the same. In order to understand your rights as a landowner, it’s important to understand the similarities and differences between eminent domain and condemnation.
Eminent Domain
The term eminent domain refers to the power an entity, such as the government, holds to take property away from a private landowner and use it for public use. To exercise this power, that entity has to follow specific, procedural guidelines. The power of eminent domain is often used to take private land after providing monetary compensation and providing notice of the acquisition.
Condemnation
The process by which entities exercise their eminent domain authority is condemnation. The procedure of condemnation that a condemnor follows ultimately depends on the location of the property and acquisition, what entity is condemning, and what purpose the condemnation is being put to.
The Comparison
In short, the term “eminent domain” is referring to the right that an entity has to take land, and “condemnation” is referring to the actual act of carrying out that right. While it can seem like landowners have no control or power in the right of condemnation being acted against their land, every state gives certain rights to landowners for these situations. Every landowner has the right to a jury trial over the compensation that is being offered as a result of the acquiring of their land. Many landowners assume that what they’re being offered by the condemnor is fair, this is not always the case. It’s important to understand eminent domain and condemnation as a landowner because you never know if your land may be under threat of acquisition. States like Texas and Georgia have landowners that face this all the time. If you are in an area with high condemnation rates, it’s important to be prepared with an eminent domain attorney that you can reach out to for help. Be informed and awar
