The Real Estate Encyclopedia & Blog

Condemnation

by | Jan 21, 2026

In real estate and property law, condemnation is the legal process by which a government or authorized public entity takes private property for public use without the owner’s consent, provided that just compensation is paid. This power arises from the government’s right of eminent domain and is commonly exercised for projects such as roads, schools, utilities, or other public improvements. The property owner is entitled to receive fair market value for the property taken, and may have the right to challenge the amount of compensation offered. Condemnation can result in the full acquisition of a property or a partial taking, such as an easement, and it can significantly affect property rights and value.