What is condemnation
Condemnation is the power to take private property for a public purpose. The power to take private property through the power and force of the government is also known as the power of eminent domain.
Who can take my property?
Federal, state and local governments have the power to condemn private property, and this power has been delegated to many governmental agencies. The government has also delegated the power of eminent domain to public utilities and in certain, very limited, situations to private companies and individuals. For example, a government agency, housing authority, natural gas company or public utility company may have the power to condemn your property.
Can the District Federal Government take my property for any reason?
No. The condemning authority may only take your property for a public use, not a private use.
Who decides whether the condemnation of my property is for a public or private purpose?
Only a judge can decide. Even if the condemning authority believes the condemnation is for a proper public use, a judge can rule otherwise and deny the government the power to take your property.
How will I know whether the government really wants to take my property?
In most cases, you will learn far in advance of the proposed construction date of a project that may require the taking of your property. Your first knowledge of the project may come from reading a newspaper article or talking to a neighbor.
In many cases, the public agency will hold a public hearing at which the agency will describe the boundaries of the project, so that you will be able to determine whether your property is needed for the project.
Generally, the condemning authority will also give you a written notice that your property is needed and will give you a written offer to purchase your property prior to filing a condemnation action.
Condemnation is the power to take private property for a public purpose. The power to take private property through the power and force of the government is also known as the power of eminent domain.
Who can take my property?
Federal, state and local governments have the power to condemn private property, and this power has been delegated to many governmental agencies. The government has also delegated the power of eminent domain to public utilities and in certain, very limited, situations to private companies and individuals. For example, a government agency, housing authority, natural gas company or public utility company may have the power to condemn your property.
Can the District Federal Government take my property for any reason?
No. The condemning authority may only take your property for a public use, not a private use.
Who decides whether the condemnation of my property is for a public or private purpose?
Only a judge can decide. Even if the condemning authority believes the condemnation is for a proper public use, a judge can rule otherwise and deny the government the power to take your property.
How will I know whether the government really wants to take my property?
In most cases, you will learn far in advance of the proposed construction date of a project that may require the taking of your property. Your first knowledge of the project may come from reading a newspaper article or talking to a neighbor.
In many cases, the public agency will hold a public hearing at which the agency will describe the boundaries of the project, so that you will be able to determine whether your property is needed for the project.
Generally, the condemning authority will also give you a written notice that your property is needed and will give you a written offer to purchase your property prior to filing a condemnation action.
