California Condemnation Clause

State:
Multi-State
Control #:
US-OL11015A
Format:
Word; 
PDF
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Description

This office lease clause is a condemnation clause that illustrates a mild effort to deal with some of the issues In the event the whole of the building or a substantial part of the building is condemned.

The California Condemnation Clause is a legal provision that outlines the rights and protections of property owners in the state when their real property is taken by the government or other condemning entities for public use. This clause ensures that property owners receive fair compensation for the loss of their property. The California Condemnation Clause is primarily found in the California Constitution, specifically in Article I, Section 19. It establishes that private property cannot be taken or damaged for public use without just compensation, which is the fair market value of the property at the time of the condemnation. This compensation must also include any damages caused to the remaining property as a result of the taking. There are several types of California Condemnation Clauses that further specify the terms and conditions of the condemnation process. These types include: 1. Eminent Domain: This type of condemnation clause grants the government or public agencies the authority to take private property for public use. It allows the government to take the property even if the owner does not agree to sell. The property owner is entitled to just compensation for their property. 2. Inverse Condemnation: In this type of clause, the property owner takes legal action against the government or public agency for a regulatory action or public project that has unduly interfered with their property rights. The government is then obligated to compensate the owner or remedy the situation. 3. Abandonment: This type of condemnation clause is invoked when the government or public agency decides to abandon or withdraw its taking of the property. The property owner may be entitled to compensation for any damages or losses incurred due to the condemnation process. 4. Temporary Taking: This clause allows the government or public agency to take possession of the property temporarily for specific public purposes. The owner is entitled to temporary compensation during the period of possession. The California Condemnation Clause ensures that property owners are protected and fairly compensated when their property is taken for public use. It serves as a critical safeguard for property rights and balances the public's need for infrastructure and development with the rights of individual property owners.

The California Condemnation Clause is a legal provision that outlines the rights and protections of property owners in the state when their real property is taken by the government or other condemning entities for public use. This clause ensures that property owners receive fair compensation for the loss of their property. The California Condemnation Clause is primarily found in the California Constitution, specifically in Article I, Section 19. It establishes that private property cannot be taken or damaged for public use without just compensation, which is the fair market value of the property at the time of the condemnation. This compensation must also include any damages caused to the remaining property as a result of the taking. There are several types of California Condemnation Clauses that further specify the terms and conditions of the condemnation process. These types include: 1. Eminent Domain: This type of condemnation clause grants the government or public agencies the authority to take private property for public use. It allows the government to take the property even if the owner does not agree to sell. The property owner is entitled to just compensation for their property. 2. Inverse Condemnation: In this type of clause, the property owner takes legal action against the government or public agency for a regulatory action or public project that has unduly interfered with their property rights. The government is then obligated to compensate the owner or remedy the situation. 3. Abandonment: This type of condemnation clause is invoked when the government or public agency decides to abandon or withdraw its taking of the property. The property owner may be entitled to compensation for any damages or losses incurred due to the condemnation process. 4. Temporary Taking: This clause allows the government or public agency to take possession of the property temporarily for specific public purposes. The owner is entitled to temporary compensation during the period of possession. The California Condemnation Clause ensures that property owners are protected and fairly compensated when their property is taken for public use. It serves as a critical safeguard for property rights and balances the public's need for infrastructure and development with the rights of individual property owners.

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California Condemnation Clause