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.
Washington Condemnation Clause
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US-OL11015A
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FAQ
Condemnation, also called eminent domain or a ?taking,? is the right of a government or its agent to take private property for public use, with payment of compensation. In a condemnation action, the government takes both physical possession and legal title to the property.
Eminent domain is the right of the government to take private property and convert it to public use. Condemnation is the process by which a government agency can exercise this power. These processes are rooted in the Constitution. The Fifth Amendment requires government to pay landowners ?just compensation.?
In Washington, eminent domain gives the government the power to take your property, even if you don't want to sell. But under the Fifth Amendment, eminent domain must be for a ?public use,? which traditionally meant projects like roads or bridges.
7 Eminent Domain Examples PennEast Pipeline Co. v. New Jersey (2021) ... Puntenney v. Iowa Utilities Board (2019) ... Kelo v. City of New London (2005) ... Berman v. Parker (1954) ... Chicago, Burlington & Quincy Railroad Co. v. ... United States v. Gettysburg Electric Railway Co. ... Kohl v. The United States (1875)
Washington: "The right to inverse condemnation belongs to the property owner at the time of the taking; the right does not pass to a subsequent purchaser unless expressly conveyed."
The Eminent Domain Trial Anyone with an interest in the property and the agency will have the opportunity to present evidence of value, and the jury will determine the property's fair market value. In cases where the parties choose not to have a jury, the judge will decide the property's fair market value.
1936). The United States exercising power of eminent domain can acquire property in two ways: the government can enter into physical possession of property without authority of a court order; or. the government can institute condemnation proceedings.
Ideally, just compensation should make a landowner whole again?in other words, place the owner in the same relative position as if the taking did not occur. This generally means that the landowner is entitled to the value of the land or the amount that the property has depreciated due to the government's action.