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 Wisconsin Condemnation Clause refers to a legal provision that outlines the rights and restrictions surrounding the government's power to exercise eminent domain in the state of Wisconsin. Eminent domain allows government entities to acquire private property for public use, provided the owner is fairly compensated. In Wisconsin, the condemnation clause can be found in Article I, Section 13 of the state constitution, which states: "The property of no person shall be taken for public use without just compensation therefor." This clause is designed to protect the property rights of individuals and ensure they are duly compensated when their property is taken for public purposes. There are various types of Wisconsin Condemnation Clauses, each applicable in specific circumstances. Some of these include: 1. Partial Taking: This type of condemnation clause applies when only a portion of the property is acquired for public use. The property owner is entitled to just compensation for the value of the taken portion as well as damages resulting from the partial taking. 2. Total Taking: In a total taking scenario, the government acquires the entire property, leaving the owner without any interest or ownership rights. The condemnation clause ensures that the property owner is adequately compensated for the full value of the property. 3. Temporary Taking: Sometimes, the government may only require temporary access or use of private property. The temporary taking clause safeguards the property owner's rights by ensuring fair compensation for the temporary use, and the owner retains ownership and possession once the temporary period ends. 4. Inverse Condemnation: This type of condemnation clause refers to situations where property owners assert that the government has effectively taken their property, even without formally acquiring it. Inverse condemnation claims often arise when government actions significantly impair property rights or render the property unusable. The condemnation clause grants property owners the right to seek just compensation in such cases. 5. Public Use Requirement: The Wisconsin Condemnation Clause imposes a crucial safeguard by stipulating that any property taken by the government must be for "public use." This means that the purpose for which the property is acquired must be deemed beneficial or necessary for the public. This clause prevents the government from abusing eminent domain power for private interests, ensuring the public benefits from any property acquisition. In summary, the Wisconsin Condemnation Clause, as enshrined in the state constitution, upholds the rights of property owners and guarantees fair compensation when their properties are taken by the government for public use. By recognizing different types of condemnation scenarios, Wisconsin provides legal protection to property owners and ensures the proper exercise of eminent domain power.
