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 Massachusetts Condemnation Clause is a legal provision that grants the government the power to take private property for public use. Under this clause, property owners are entitled to receive just compensation for the value of their property that is being taken. The clause is an essential element of eminent domain in Massachusetts. Massachusetts recognizes two distinct types of Condemnation Clauses — the statutory and constitutional condemnation clauses. The Massachusetts Statutory Condemnation Clause, found under the General Laws of the state, provides a framework for the government to acquire private property through eminent domain. It outlines the procedures that must be followed, including requirements for public notice, appraisal of the property's value, and the opportunity for the property owner to challenge the condemnation in court. This type of clause is regulated by specific state statutes, ensuring fair and transparent procedures. On the other hand, the Massachusetts Constitutional Condemnation Clause is enshrined within the state's constitution, specifically Article 10 of the Declaration of Rights. This clause establishes the right of property owners to receive fair compensation when their property is taken for public use. It serves as a strong protection for property rights and ensures that the government cannot abuse its eminent domain powers. The constitutional clause acts as a safeguard for property owners, guaranteeing due process and fair compensation. Overall, the Massachusetts Condemnation Clause, whether statutory or constitutional, serves to balance the public interest in pursuing projects of public importance with the protection of individual property rights. It ensures that property owners are fairly compensated when their land or property is taken for public purposes like the construction of roads, parks, or public infrastructure. By providing well-defined procedures and compensation guarantees, the Massachusetts Condemnation Clause strikes a balance between government power and the protection of private property rights.
