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Condemnation

National Real Estate Exam glossary · Land Use Controls

Definition

The legal process by which the government exercises its power of eminent domain to take private property for a public use, upon payment of just compensation to the owner.

Condemnation in plain English

The government has a special power called eminent domain — the right to force you to sell your property if it's needed for a public project, like a new highway or school. Condemnation is simply the legal process that carries out that taking. You don't get to say no, but there's a fairness rule built in: the government has to pay you "just compensation," meaning the fair market value of what they took. It's a bit like the school claiming the lot where your lemonade stand sits to widen the sidewalk — they can take it, but they have to pay you what it's worth.

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