Eminent Domain, Takings, and Condemnation

Eminent domain is the power of the sovereign to take private property for public use without the owner's consent. Eminent domain, takings, and condemnation are often used interchangeably, although the three terms are not actually synonymous; eminent domain refers to the power to take property, while condemnation and taking refer to the legal process by which property is taken. Learn more about the necessary steps of these three concepts, from early review and analysis, through the final judgment of condemnation.

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Related Content

• Eminent Domain Takings
  Study this practice note outlining the rights of the federal, state, and local government to take private property for public purposes through eminent domain and condemnation proceedings. This practice note provides an explanation of typical state eminent domain takings and includes drafting guidance for condemnation provisions in commercial real estate leases, mortgages, loan agreements, and purchase and sale agreements.

• Eminent Domain State Law Survey
  Review this eminent domain state law survey to access eminent domain laws and restrictions on permissible public use in the 50 states, the District of Columbia, and U.S. Territories.

• Restaurant Lease Agreement (Long Form, Net Lease, Shopping Center) (Pro-Landlord)
  Take a look at this template for an example of an eminent domain clause in a restaurant lease agreement.

• Commercial Purchase and Sale Agreement (Short Form) (Pro-Seller)
  Check out this template for an example of an eminent domain clause in a commercial purchase contract.

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