Oakland Michigan Condemnation Clause

State:
Multi-State
County:
Oakland
Control #:
US-OL11015A
Format:
Word; 
PDF
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Description

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.


Oakland Michigan Condemnation Clause refers to a legal provision that is typically included in real estate contracts or agreements in the county of Oakland, Michigan. This clause outlines the rights and obligations of property owners and the local government regarding the condemnation of private property for public purposes. Keywords: Oakland Michigan, Condemnation Clause, real estate contracts, property owners, local government, private property, public purposes. There are several types of Oakland Michigan Condemnation Clauses, including: 1. Standard Condemnation Clause: This is the most common type of clause, which states the rights of the government to take private property for public use through eminent domain. It also specifies the compensation that property owners will receive for their property. 2. Temporary Condemnation Clause: This clause addresses situations where the government needs to acquire a property temporarily for a specific public purpose, such as road construction or utility installation. It outlines the duration of the temporary acquisition and the compensation to be paid to the property owner. 3. Involuntary Condemnation Clause: This clause focuses on situations where the government has the right to condemn a property even if the owner does not agree to the sale. It outlines the legal process by which the government can proceed with the condemnation and compensation to be given to the property owner. 4. Rights and Responsibilities Clause: This type of clause outlines the rights and responsibilities of both the property owner and the local government during the condemnation process. It may include provisions regarding notice requirements, negotiations, relocation assistance, and dispute resolution. 5. Just Compensation Clause: This clause ensures that property owners are fairly compensated for the value of their property when it is taken through condemnation. It outlines the factors to be considered in determining the compensation amount, such as market value, improvements, and any loss of business or income. The Oakland Michigan Condemnation Clause serves as a safeguard to protect the rights of property owners while allowing the government to acquire private property for public purposes. It is crucial for both parties to understand their rights and obligations under this clause to ensure a fair and lawful condemnation process.

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FAQ

Condemnation is the acquisition or taking of private property for a public purpose. The right to condemn is sometimes referred to as the right or power of eminent domain.

As abovementioned, the taking of private property for expropriation can only be validly done if there is genuine necessity and the necessity is public in character.

Condemnation, also known as eminent domain, is a legal process whereby a governmental entity or utility exercises its sovereign right to take all or part of an owner's private commercial land for public use.

Inverse condemnation has its roots in the Takings Clauses of the U.S. and California Constitutions as the flip side of eminent domain, the process by which a government agency can take property for public benefit as long as the property owner is adequately compensated.

In the wake of government orders closing businesses, the often-overlooked condemnation clause in real estate leases may be important. Typically, a condemnation clause permits a landlord or a tenant to either terminate the lease or abate the rent in the event of a government "taking" of the leased property.

The definition of a condemnation is an accusation, or a scolding or punishment for a bad act. An example of a condemnation is a punishment for murder.

A condemnation action is a lawsuit where a government is exercising eminent domain to procure private property for some public use or benefit.

Condemnation lease clauses may provide for leasehold termination, leasehold extension options, restoration obligations, apportionment, bonus value, abatement of rent, and may address relocation rights. It is often best to simply provide that the tenant may pursue all available remedies under common law.

Condemnation is the process a government or private entity uses to legally acquire property. Condemnation may be used to enforce housing and safety codes for abandoned or dilapidated properties. Authorities can condemn properties through eminent domain to seize property from their owners.

1. To blame for something. A court finding someone guilty of a crime is sometimes said to condemn that person. 2. To declare that specified private property will be taken for public use.

More info

Laid out in the city's Housing Element for 2015–2023. The Just Cause for Eviction Ordinance prohibits a property owner from terminating a tenancy without good or just cause.Inversecondemnation. Gaged in the acquisition of property for highway purposes. In the Oakland case, the California Court of Appeals ruled that condemning a football franchise violates the commerce clause of the U.S. Constitution. Successfully represented major oil company in a partial condemnation of an oil terminal facility. That it is necessary to acquire private property to fill the identified public need. But last year I discovered that every time the BID Patrol arrests someone they fill out a form for the LAPD. Here is an example of one.

The BID Patrol makes up a special unit with special responsibilities, including a commander for administrative purposes. It includes a captain with oversight of the field divisions and a district commander with responsibility for operations. It is charged with enforcing the ordinance and has special powers to make arrests and seize property seized in accordance with the ordinance. This is a very powerful tool not available to the normal Police Department but one that all law enforcement agencies must have. I'm happy to report that this is not a tool used regularly and not used much. I've been doing this with BID for three years and this is the first time I had the power to make an arrest on behalf of the BID Patrol. A group of young women were out riding their bikes. Two boys in a red van stopped beside them. When the driver saw the girls he yelled to the driver, “Hey girl! Get a knife and get a gun and kill all the bitches,” etc.

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Oakland Michigan Condemnation Clause