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 Rhode Island Condemnation Clause refers to a legal provision within the laws of Rhode Island that outlines the rights and procedures regarding the condemnation or eminent domain process. Eminent domain is the power of the government to acquire private property for public use, as long as just compensation is provided to the property owner. The Condemnation Clause aims to protect the rights of both the government and the property owner involved in such cases. Under this Clause, the government must abide by certain principles to ensure a fair and just condemnation process. Key elements of this clause include proper notice to the property owner, a thorough appraisal of the property's value, and an opportunity for the owner to present their case or objections. The property owner may also seek legal representation to ensure their rights are protected during negotiations or court proceedings. It is important to highlight that Rhode Island law recognizes different types of condemnation clauses depending on the circumstances of the acquisition of the private property. The following are some variations of the Rhode Island Condemnation Clause: 1. General Condemnation Clause: This refers to the standard clause applicable to most condemnation or eminent domain cases in Rhode Island. It ensures that the government can acquire private property for public use while providing just compensation to the affected property owner. 2. Quick-Take Condemnation Clause: In certain urgent cases where time is of the essence, Rhode Island law allows for a quick-take condemnation clause. This type of clause grants the government the right to take possession of the property before a final determination of compensation is reached. The property owner still has the right to contest the compensation amount in court. 3. Inverse Condemnation Clause: This type of clause occurs when a property owner believes that the government has, de facto, taken possession of their property without going through the formal condemnation process. In such cases, the property owner can seek compensation by initiating an inverse condemnation proceeding. 4. Partial Condemnation Clause: This clause applies when the government only requires a portion of a property for public use. In this situation, the government must compensate the owner for the portion taken while preserving their right to retain ownership and use of the remaining land. 5. Temporary Condemnation Clause: This type of clause allows the government to temporarily take possession of private property for a specific period, typically for construction or public projects. The owner is entitled to compensation for the temporary impairment or loss of their property's use during that period. Understanding the different types of Rhode Island Condemnation Clauses is crucial for property owners and the government alike, as it ensures the protection of property rights and fair compensation throughout the condemnation process. By adhering to these legal provisions, both parties can navigate the complex territory of eminent domain in Rhode Island with greater clarity and transparency.
