Excess condemnation sounds like a bad thing, but it’s actually meant to benefit homeowners whose land is condemned. Excess condemnation occurs when a government or other public authority takes more private property through eminent domain than is strictly necessary to complete a particular public project. For example, a city constructing a new highway might acquire not only the land needed for the roadway itself, but also additional adjoining property. The government may later sell, lease, redevelop, or otherwise use that excess property as permitted by law.
Excess condemnation is sometimes used when taking only the land immediately required for a project would leave behind parcels that are too small, oddly shaped, or otherwise difficult to use. It may also be used as part of a broader redevelopment plan associated with a public improvement. Because eminent domain involves the government’s compulsory acquisition of private property, the authority to condemn excess land depends on applicable state law and constitutional requirements. As with other property acquired through eminent domain, the affected owner is generally entitled to just compensation for property that is lawfully taken.
