Connecticut Condemnation Clause

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US-OL11015A
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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.


Connecticut Condemnation Clause is a legal provision used in real estate and property law in the state of Connecticut. It is designed to protect property owners from having their private land taken or seized by the government for public use without just compensation. The clause is a crucial aspect of landowner rights and serves as a safeguard against eminent domain abuse. In Connecticut, the Condemnation Clause is primarily governed by the General Statutes of Connecticut, specifically Title 8, Chapter 96, Section 8-128. This statute outlines the principles and procedures that must be followed when the government exercises its right of eminent domain. The Connecticut Condemnation Clause asserts that when the government seeks to acquire private property for public use, it must initiate condemnation proceedings. These proceedings involve a comprehensive evaluation of the property, negotiations with the property owner, and ultimately, if necessary, the acquisition of the property through a court process. It is important to note that the term "Connecticut Condemnation Clause" may also refer to specific provisions within individual contracts or agreements. These clauses can vary depending on the nature of the agreement but typically include language related to eminent domain, compensation, and the property owner's rights in the event of condemnation. There are different types of Connecticut Condemnation Clauses that may be used based on the specific context: 1. Standard Condemnation Clause: This is a common clause used in real estate agreements in Connecticut that outlines the rights and responsibilities of both parties in case of condemnation. It often includes details about how compensation will be determined and how the process will proceed. 2. Lease Condemnation Clause: This type of clause is typically found in commercial lease agreements and addresses the rights and responsibilities of both the property owner (landlord) and the tenant in case of condemnation. It may specify how the lease will be terminated, how any compensation received will be divided, or how the lease will continue in the event of condemnation. 3. Mortgage Condemnation Clause: This clause specifically addresses the rights and protections of lenders (mortgage holders) in the event of condemnation. It often outlines how insurance proceeds or condemnation awards will be distributed, ensuring the lender's security interest is protected. Overall, the Connecticut Condemnation Clause serves as a legal instrument to safeguard property owners' rights and ensure fair compensation if their land is taken for public use. These clauses can vary based on the context in which they are used, such as in general real estate agreements, leases, or mortgages.

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The procedure for condemning land or other property for any of the purposes specified in sections 48-3, 48-6, 48-8 and 48-9, if those desiring to take such property cannot agree with the owner upon the amount to be paid him for any property thus taken, shall be as follows: The Comptroller in the name of the state, any ...

The Takings Clause of the Fifth Amendment to the United States Constitution reads as follows: ?Nor shall private property be taken for public use, without just compensation.? In understanding the provision, we both agree that it is helpful to keep in mind the reasons behind it.

Also known as the "Takings Clause," it states: "nor shall private property be taken for public use, without just compensation." This provision does not prohibit the United States from acquiring property from private owners, but rather conditions such 'taking' on the payment of just compensation.

What is Eminent Domain? In Connecticut, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.

Eminent domain is the right of the government to take private property and convert it to public use. Condemnation is the process by which a government agency can exercise this power. These processes are rooted in the Constitution. The Fifth Amendment requires government to pay landowners ?just compensation.?

In contrast to condemnation cases, in which it is presumed that the government has taken something for which it must pay just compensation, regulatory takings cases often focus on two factors: whether the regulations leave the owner with an economically viable use of property or interfere with the owner's investment- ...

Eminent domain is the right of the government to take private property and convert it to public use. Condemnation is the process by which a government agency can exercise this power. These processes are rooted in the Constitution. The Fifth Amendment requires government to pay landowners ?just compensation.?

Condemnation in the legal sense refers to when a government exercises its eminent domain powers to seize private property for public use. Both local/state governments and the Federal Government have the authority to condemn property.

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Condemnation of land and water for state institutions and courthouses. Sec. 48-10. Damages to be determined by state referee. Sec. 48-11. Deposit in court ... If the authority cannot agree with the landowner to acquire land required for a regional market or an addition to one, it can file a petition in Superior Court ...Apr 4, 2011 — When quick take authority is absent, the condemning authority must first file suit, set forth the public use for which the property is required, ... The procedure for condemning land or other property for any of the purposes specified in sections 48-3, 48-6, 48-8 and 48-9, if those desiring to take such ... Condemnation lease clauses may provide for leasehold termination, leasehold extension options, restoration obligations, apportionment, bonus value, abatement of ... Mr. Kroculick argued that the taking required a complete raze and rebuild of the site. Unique among the valuation arguments was "total temporary take" ... Once taking is complete, condemnor cannot unilaterally discontinue condemnation proceedings. Id., 131. Appraiser employed by the state may be required to ... Jul 9, 2021 — Complete condemnation terminates a lease because there is no housing left for a tenant to live in. Visit LegalMatch.com to find out your ... The “takings” clauses of the federal1 and state2 constitutions provide an independent basis for municipal liability in Connecticut. These clauses require ... Dwight H. Merriam counsels landowners, developers, corporations and individuals in land use, real estate and condemnation litigation matters Connecticut.

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Connecticut Condemnation Clause