What is the difference between Eminent Domain and Condemnation?
What is the difference between Eminent Domain and Condemnation?
Eminent Domain is a concept dating back to biblical times and today (in North Carolina) it is the power of the State (or another condemning authority) to take private property for a public purpose. The most common eminent domain taking in my practice is land takings for new road construction or widening existing roads. I also represent clients whose property is taken for the construction of pipelines, utility easements, railroads, and parks. While Eminent Domain represents the power to take land, the actual taking of the land, the exercise of the power of eminent domain is called Condemnation. When a property is condemned the title is transferred by operation of law from the private land owner to the taking authority. I represent clients across the State whose land has been condemned by taking authorities. The actual legal case is called a condemnation case because when the court case is brought title of the property has already transferred to the taking authority. If your business, home, farm, or undeveloped property will be impacted by an eminent domain taking please contact The Law Group to discuss your rights.