Partial condemnation: Overview, definition, and example
What is partial condemnation?
Partial condemnation refers to the process by which a government or other authorized entity takes a portion of a private property for public use, while leaving the rest of the property intact. This often occurs in situations where a project requires only part of the land, such as the construction of a road, highway, or utility infrastructure, but the rest of the land remains in the owner's possession.
For example, if a highway needs to be expanded, the government may take part of a landowner’s property to widen the road, but the remaining portion of the property would still belong to the original owner.
Why is partial condemnation important?
Partial condemnation is important because it allows for public projects to be completed without requiring the full seizure of a property. It ensures that property owners are compensated for the portion of their land taken for public use, while still allowing them to retain ownership of the remaining land. This process is regulated by laws that protect property rights and ensure that owners are fairly compensated.
For both landowners and authorities, partial condemnation provides a way to balance the needs of public development with the rights of private property owners. It also helps minimize the disruption caused to the remaining part of the property that is not taken.
Understanding partial condemnation through an example
Imagine a homeowner, Sarah, owns a large parcel of land along a planned route for a new highway. The government decides to take part of Sarah’s land to construct the highway, but Sarah still retains ownership of the remaining land. The government compensates Sarah for the value of the portion taken, and she continues to use and control the rest of her property.
In another case, a city may need to widen an existing road but only requires a small section of a commercial property. The city uses its authority to take that portion of the property for the expansion while leaving the rest of the commercial land for the business to continue operating.
An example of a partial condemnation clause
Here’s how a clause related to partial condemnation might appear in a contract:
“In the event of partial condemnation of the Property by any governmental authority, the Owner shall be entitled to receive compensation for the taken portion of the Property, and the remaining portion of the Property shall remain under the ownership and control of the Owner, subject to the terms of this Agreement.”
Conclusion
Partial condemnation allows public authorities to take only the portion of a property needed for public projects while leaving the remainder of the land with its original owner. This process ensures that property owners are fairly compensated for their loss while minimizing the impact on the remaining property. Understanding how partial condemnation works is essential for both property owners and developers to ensure fair treatment and legal compliance during the process.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.