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 Texas Condemnation Clause, also known as the Texas eminent domain clause, refers to a provision included in the state's laws that defines and regulates the acquisition of private property for public use by governmental entities. This clause is primarily found in Article I, Section 17 of the Texas Constitution and sets forth the rights and protections afforded to property owners facing condemnation. The Texas Condemnation Clause outlines the process by which a governmental entity can exercise its power of eminent domain, i.e., the authority to take private property for public use. It establishes the requirement of just compensation for property owners whose lands are taken, ensuring that fair market value is paid for the property and any damages incurred. Under this clause, various types or circumstances related to the condemnation process have been identified. These include: 1. Direct Condemnation: This occurs when a governmental entity directly acquires private property for a public purpose, such as building highways, schools, or public utilities. The entity initiates condemnation proceedings to acquire the land, compensating the property owner accordingly. 2. Inverse Condemnation: In certain situations, when a governmental action substantially interferes with the use or enjoyment of a property, the property owner can seek compensation under the inverse condemnation doctrine. This may happen when government activities, such as construction projects, flooding, or zoning changes, cause a decrease in property value or limits its use. 3. Regulatory Taking: This refers to a situation where a governmental regulation restricts the use of private property to an extent that it effectively takes away its value. In such cases, property owners may be eligible to seek compensation for the loss of value resulting from the regulation. 4. Quick-Take Condemnation: This method allows the governmental entity to expedite the acquisition process by taking immediate possession of the property before a final determination of compensation. It grants the entity access to the property for construction or development purposes while the compensation dispute is resolved. 5. Partial Taking: Sometimes, only a portion of a property needs to be acquired for a public project. In such cases, the Texas Condemnation Clause protects the property owner's right to compensation for the taken portion and any damages to the remaining property. Overall, the Texas Condemnation Clause provides property owners with important safeguards and ensures that the principle of just compensation is upheld in all condemnation cases in the state. It helps strike a balance between the public's need for infrastructure development and the protection of private property rights.The Texas Condemnation Clause, also known as the Texas eminent domain clause, refers to a provision included in the state's laws that defines and regulates the acquisition of private property for public use by governmental entities. This clause is primarily found in Article I, Section 17 of the Texas Constitution and sets forth the rights and protections afforded to property owners facing condemnation. The Texas Condemnation Clause outlines the process by which a governmental entity can exercise its power of eminent domain, i.e., the authority to take private property for public use. It establishes the requirement of just compensation for property owners whose lands are taken, ensuring that fair market value is paid for the property and any damages incurred. Under this clause, various types or circumstances related to the condemnation process have been identified. These include: 1. Direct Condemnation: This occurs when a governmental entity directly acquires private property for a public purpose, such as building highways, schools, or public utilities. The entity initiates condemnation proceedings to acquire the land, compensating the property owner accordingly. 2. Inverse Condemnation: In certain situations, when a governmental action substantially interferes with the use or enjoyment of a property, the property owner can seek compensation under the inverse condemnation doctrine. This may happen when government activities, such as construction projects, flooding, or zoning changes, cause a decrease in property value or limits its use. 3. Regulatory Taking: This refers to a situation where a governmental regulation restricts the use of private property to an extent that it effectively takes away its value. In such cases, property owners may be eligible to seek compensation for the loss of value resulting from the regulation. 4. Quick-Take Condemnation: This method allows the governmental entity to expedite the acquisition process by taking immediate possession of the property before a final determination of compensation. It grants the entity access to the property for construction or development purposes while the compensation dispute is resolved. 5. Partial Taking: Sometimes, only a portion of a property needs to be acquired for a public project. In such cases, the Texas Condemnation Clause protects the property owner's right to compensation for the taken portion and any damages to the remaining property. Overall, the Texas Condemnation Clause provides property owners with important safeguards and ensures that the principle of just compensation is upheld in all condemnation cases in the state. It helps strike a balance between the public's need for infrastructure development and the protection of private property rights.
