Condemnation requires a public use and payment of just compensation measured by fair market value. Partial takings raise severance damages for the remainder, and the owner may challenge the necessity and the valuation.
Public use has been construed broadly.
Alternative Names:
Condemnation, Taking
Why it Matters?
Valuation is the contest in nearly every condemnation, since public use challenges rarely succeed after the Supreme Court's broad construction and many states responded with statutes restricting economic development takings. Highest and best use analysis drives the appraisal, and a property valued for its current use rather than its development potential is undervalued. Severance damages to the remainder frequently exceed the value of the part taken.
Frequently Confused with
Related terms
Frequently asked questions
What is the usual contest in condemnation?
Why does highest and best use matter?
