What is Condemnation? Zoning Definition
The legal process by which a government takes private property for public use through eminent domain, or the official declaration that a building is unsafe or unfit for occupancy.
Condemnation has two distinct meanings in real estate and zoning. First, it refers to the legal proceeding through which a government exercises eminent domain to acquire private property for public use. Second, it describes the process by which a government authority declares a building or structure unsafe, unhealthy, or otherwise unfit for use or occupancy. Both meanings involve significant legal consequences for property owners.
In the eminent domain context, condemnation is the formal legal action filed when a property owner and the government cannot agree on terms for the acquisition of the property. The government files a condemnation lawsuit in court, and a judge or jury determines the fair market value of the property. The government deposits the compensation amount and takes possession of the property. The owner can challenge the amount but generally cannot prevent the taking if the government demonstrates a valid public purpose.
In the building safety context, condemnation occurs when a code enforcement official or building inspector determines that a structure violates building codes to the extent that it poses a danger to occupants or the public. A condemned building is typically posted with a notice prohibiting occupancy. The owner may be required to make repairs to bring the building into compliance, or in severe cases, the structure may be ordered demolished. If the owner fails to act, the municipality may perform the work and place a lien on the property for the cost.
Condemnation of a building can also have zoning implications. If a non-conforming use (a use that was legal when established but no longer complies with current zoning) is housed in a condemned building, the owner may lose the right to continue that use. Many zoning ordinances provide that a non-conforming use that is discontinued or destroyed beyond a certain percentage of its value cannot be reestablished. Property owners facing condemnation of any kind should consult with a real estate attorney to understand their rights and options.
Related Terms
Eminent Domain
The power of a government to take private property for public use, provided the owner receives just compensation as guaranteed by the Fifth Amendment of the U.S. Constitution.
Non-Conforming Use
A non-conforming use is a land use or structure that was legal when established but no longer complies with current zoning rules due to a change in the zoning code.
Building Code
A set of regulations that establish minimum standards for the design, construction, alteration, and maintenance of buildings to protect public health, safety, and welfare.