Easement by Condemnation
An easement by condemnation is a legal right acquired by a government or authorized entity to use a portion of an individual’s property for a public purpose, typically as a result of eminent domain. This type of easement allows the government to access and utilize private land, often for infrastructure projects such as roads, utilities, or public facilities.
The process usually begins with the government identifying a need for a specific use of the land, after which they may initiate condemnation proceedings. The property owner is typically entitled to compensation for the loss of property rights, which can include not only the fair market value of the easement but also any damages that result from the taking of the property.
For example, if a city decides to expand a roadway, they may seek an easement by condemnation to acquire the necessary land from adjacent property owners. The property owners would then be compensated, and the city would have the right to use the specified portion of the property for the road expansion.
In summary, an easement by condemnation is a mechanism that balances the needs of public development with property rights, ensuring that property owners receive fair compensation while allowing for necessary public improvements.
« Back to Glossary Index