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 Washington Condemnation Clause is a legal provision that safeguards the rights of property owners in the state of Washington when their property is taken or damaged by the government through the process of eminent domain. This clause ensures that property owners receive just compensation for the loss or damage caused. In Washington, there are two main types of condemnation clauses: the damage-taking condemnation clause and the total-taking condemnation clause. The damage-taking condemnation clause applies when the government only partially takes or damages a property for public use, such as building a highway or utility infrastructure. In this case, the property owner is entitled to receive compensation for the portion of property taken and any remaining property damage. On the other hand, the total-taking condemnation clause comes into play when the government seizes the entire property for public use. Under this clause, the property owner is entitled to fair compensation for the entire property value, including any improvements made on the property. The Washington Condemnation Clause is an essential provision as it ensures that property owners are not unjustly deprived of their property rights by the government. It acts as a check and balance, ensuring that property owners are fairly compensated for the loss they experience due to eminent domain. In practice, when the government intends to take a property, it must follow a legal process that includes notifying the property owner, conducting an appraisal to determine fair compensation, and providing an opportunity for negotiation. If an agreement on compensation cannot be reached, the parties may go to court, where a judge or jury will determine the amount of compensation to be awarded based on various factors, including the property's market value, its potential use, and any ensuing damages. Key terms: Washington Condemnation Clause, property owners, eminent domain, just compensation, damage-taking condemnation clause, total-taking condemnation clause, public use, compensation, property rights, check and balance, legal process, appraisal, negotiation, court, fair compensation, market value, potential use, damages.
