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 Missouri Condemnation Clause is a legal provision that grants the government authority to seize private property for public use under specific circumstances. It ensures that property owners receive just compensation for their land or property that is being taken by the government through eminent domain. The Missouri Condemnation Clause is primarily derived from the Fifth Amendment of the United States Constitution, which states, "nor shall private property be taken for public use, without just compensation." This clause is designed to protect the rights of property owners and ensure a fair and equitable process when the government exercises its power of eminent domain. In Missouri, there are various types of Condemnation Clauses that may pertain to different situations: 1. General Condemnation Clause: This is the most common type of condemnation clause, which grants the government the power to take private property for public use. It specifies that the property can only be acquired for a valid public purpose, such as building roads, parks, schools, or other infrastructure projects. 2. Specific Condemnation Clause: This type of clause describes the specific property or properties that the government seeks to condemn. It outlines the boundaries and details of the property in question, ensuring that there is no ambiguity or confusion regarding which property is subject to condemnation. 3. Inverse Condemnation Clause: In Missouri, this clause refers to a situation where a property owner claims that the government has taken or damaged their property without initiating formal condemnation proceedings. Inverse condemnation can occur when governmental actions substantially interfere with the property owner's rights, making the government liable for compensation to the property owner. 4. Quick-Take Condemnation Clause: This type of clause allows the government to take immediate possession of the property before a final determination of compensation. It expedites the process to ensure that necessary public projects can proceed promptly while still providing the property owner with the opportunity to contest the compensation amount. 5. Just Compensation Clause: While not specifically a type of condemnation clause, the concept of just compensation is integral to the Missouri Condemnation Clause. Just compensation means that the property owner must be fairly compensated for the value of the property taken, including any loss of value to the remaining property. In conclusion, the Missouri Condemnation Clause is a vital element of property law, outlining the government's authority to take private property for public use. Understanding the different types of condemnation clauses helps ensure that property owners are aware of their rights, obligations, and potential compensations when the government exercises its power of eminent domain.
