condemnation


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Related to condemnation: Condemnation Proceedings

condemnation

(1) A proceeding to obtain private property for public use through the exercise of the government's rights of eminent domain. Historically considered possible only for public improvement projects such as roads, schools, and courthouses, the landmark U.S. Supreme Court case of Kelo v.City of New London, 125 S.Ct. 2655 (June 23, 2005) held that local government could condemn land belonging to one private party in order to convey it to another private party as part of an economic development plan to increase government revenues, add jobs, and improve the quality of life in a depressed area.

In a condemnation case, the government will order an appraisal of the property and then offer the owner the appraised price,or perhaps a negotiated amount in excess of the appraisal but taking into account the savings realized by not having to litigate the issue.If the property owner does not accept, the government must escrow the amount of money determined by its appraisal and may then proceed with condemnation of the property.The parties may then go to court to contest the amount of the required award,but the contest will not prevent or delay condemnation of the property.

Specialized tax rules apply whether property is condemned,sold to the government under threat of condemnation,or sold to a third party under reasonable fear of impending condemnation (see IRS Publication 544 at www.irs.gov).Taxpayers may defer income realized in a condemnation award by purchasing replacement property within 2,3,or 5 years,depending on the particular circumstances.

Payments to cover the costs of relocating are not part of the condemnation award and are not taxable income.Severance damages awarded because of damage caused to the remaining property are not part of the condemnation award. The amount of damages will reduce the basis in the remaining property. If it reduces the basis to $0, then any excess must be reported as gain, but taxation can be deferred.

(2) A decision by local government that property owned by another is no longer safe and must be repaired or demolished.It is not a defense that the owner is making no use of the property and is not exposed to any danger,so long as the public at large may be exposed to danger.If the owner fails to make the necessary repairs or take any other action, the government authority may conduct the demolition itself and place a lien upon the property for the costs of demolition.

Condemnation

The taking of property by a public authority. The property is condemned as the result of legal action and the owner is compensated by the public authority. The power to condemn property is known as the right of eminent domain.
References in classic literature ?
Parry had not quitted his master, and since his condemnation had not ceased to weep.
Consequently the new union was not a legal marriage, and English public opinion was severe in its condemnation.
The injustice of his sentence was very flagrant; all Paris was indignant; and it was judged that his religion and wealth rather than the crime alleged against him had been the cause of his condemnation.
But he recovered by degrees: and although he could never separate his condemnation and escape from the idea of a terrific dream, he became, in other respects, more rational.
I think, however, that these condemnations have some ground," returned Prince Andrew, trying to resist Speranski's influence, of which he began to be conscious.
Herman, senior partner in the Melville law firm Herman Katz Cangemi & Clyne LLP, has been appointed co-chair of the Suffolk County Bar Association's Condemnation and Tax Certiorari Committee for 2015-2016.
MANAMA, Aug 23 (KUNA) -- Interior Minister Lt-General Sheikh Rashid bin Abdullah Al Khalifa on Sunday expressed his appreciation and gratitude to all who responded to the call for a nation-wide condemnation of Iranian interference in Bahrain's internal affairs.
Prequalification are invited for Legal Services - Acquisition and Condemnation
Diamond Pipeline LLC, whose parent company is Plains All American Pipeline of Houston, filed a total of at least seven condemnation petitions in Logan, Woodruff, Conway and Sebastian counties.
Varner, AJC has praised the UC leaders for their unequivocal condemnation of recent anti-Semitic incidents at UCLA and UC Davis.
Several parts of Pakistan also saw people gathering for condemnation, mourning and candlelight vigils Tuesday night to show solidarity with the children and all others affected in the attack that lasted several hours.
Hundreds in Dar demonstrate in condemnation of terrorists' crimes in Adra Hundreds of citizens gathered on Tuesday in front of the Workers Union's branch in Dar in condemnation of the terrorists' crimes against citizens of Adra city.