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 Georgia Condemnation Clause is a legal provision included in many real estate contracts in the state of Georgia. It specifically addresses the possibility of eminent domain, which refers to the government's power to take private property for public use. In Georgia, the Condemnation Clause serves to protect property owners from unlawful seizure of their property and provides guidelines for compensation in the event of a condemnation action. This clause ensures that property owners are fairly compensated for the value of their property and any damages incurred as a result of the government's actions. There are different types of Condemnation Clauses that may be included in Georgia real estate contracts: 1. Limited Condemnation Clause: This type of clause protects property owners from partial takings, where only a portion of their property is seized by the government. It specifies the compensation that will be provided for the taken portion and outlines any obligations the property owner has in facilitating the condemnation process. 2. Total Condemnation Clause: This clause applies when the entire property is subject to seizure. It delineates the compensation and damages the property owner is entitled to and may also outline the process for vacating the property. 3. Immediate Possession Clause: This is a separate clause that may be included alongside the Condemnation Clause. It grants the government the right to take immediate possession of the property upon commencement of the condemnation process, even before final compensation is determined. 4. Arbitration Clause: Some Condemnation Clauses in Georgia may include an arbitration provision. This clause allows the property owner and the government to resolve disputes regarding the value of the property and compensation through binding arbitration, rather than resorting to lengthy court proceedings. It is crucial for property owners in Georgia to thoroughly review and understand the Condemnation Clause in their real estate contracts. Consulting with a qualified attorney during the negotiation and drafting process can help ensure that their rights are protected in the event of eminent domain actions.
