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 New Hampshire Condemnation Clause is a legal provision that outlines the government's authority to acquire private property for public use through eminent domain. This clause is an essential component of the state's laws and ensures fair compensation for property owners who are affected by the condemnation process. In New Hampshire, the condemnation clause is governed by Article 12 of the state constitution, which states that "no part of a person's property shall be taken or applied to public uses without the owner's consent, and just compensation shall be made." This clause emphasizes the protection of private property rights while acknowledging that there may be circumstances wherein the government needs to acquire land for the benefit of the public. The New Hampshire Condemnation Clause establishes a framework for the condemnation process, ensuring that property owners receive adequate compensation for the value of their property. This encompasses not only the fair market value but also any damages inflicted upon the property due to the condemnation. Just compensation may also include expenses related to relocation, loss of business, or any other losses suffered as a consequence of the acquisition. There are different types of New Hampshire Condemnation Clauses, depending on the purpose and scope of the public project. These can include: 1. Total Taking: This occurs when the government acquires the entire property, extinguishing all rights of the property owner. The owner is entitled to compensation for the full value of the property, including any improvements or structures. 2. Partial Taking: In this case, the government acquires only a portion of the property, such as an easement or the right to construct infrastructure. The property owner is entitled to compensation for the portion taken, as well as any damages to the remaining property caused by the partial taking. 3. Temporary Taking: This is when the government acquires the property for a limited period. The property owner maintains ownership but is temporarily deprived of its use. Compensation is provided for the rental value of the property during the temporary taking. 4. Inverse Condemnation: In some instances, the government exercises control over a property without formally acquiring it through eminent domain. In such cases, property owners may seek compensation through an inverse condemnation claim, asserting that the government's actions have resulted in a de facto taking of their property rights. It is crucial for property owners in New Hampshire to understand their rights and the implications of the condemnation clause. Consulting with legal experts specializing in eminent domain law is recommended to navigate this complex process, ensuring fair treatment and just compensation when facing property acquisition for public purposes.
