condemnation

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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.
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Al-Quds and al-Ayyam said that an Israeli parliamentary committee approved the Nationality Law bill amidst strong condemnation by Palestinian-Israeli lawmakers.
The attack, claimed by the TehreekeTaliban Pakistan (TTP) as revenge for a major military offensive in the region, sparked condemnation worldwide and led the government and military to reaffirm their determination to defeat terrorism.
In New York, all condemnations are subject to the Uniform Land Use Review Procedure (ULURP), which imposes substantial procedural requirements, including layers of approval at the community and city level.
Following a complaint lodged by the US, the WTO Dispute Settlement Body has confirmed its condemnation of the banana import regime of the EU.
Condemnation is a fearsome but necessary power of government.
As the Kelo court acknowledged, Congress and the states are within their rights to pass laws restricting condemnations. Within days of the Kelo decision, federal and state legislators announced they have introduced or will introduce bills to prevent Kelo-type condemnations.
As a general proposition, a condemnation gain is subject to taxation in the year it is received unless some other tax code provision provides otherwise.
From every Gospel story I know, Jesus did not come for condemnation but for love.
What was the historical context of the 40 condemnations in 1887?
When the JD says that mutual condemnations no longer apply, it does not mean to say that the Council of Trent's rejection of Luther's ideas is null and void; no, it indicates that these condemnations don't apply to the Lutherans of today.
In the words of a recent accord between the Catholic Church and the Lutheran World Federation (LWF), the two confessions hope to "put to an end 400 years of condemnations on the principal dispute of the Reformation"--the doctrine of justification.
Businesses of all sizes often are faced with deprivations of their assets through eminent domain condemnations, property damage or infringements and other reasons.