condemnation-¹ The process by which property is acquired for highway purposes through legal proceedings under the power of eminent domain. ² The act of a federal, state, county, or city government or district or public utility corporation vested with the right of eminent domain to take private property for public use when a public necessity exists. It is the act of a sovereign in substituting itself in the place of the owner and/or the act of taking all or part of the rights of the owner. ³ The term condemnation denotes the acquisition of property by the exercise of the right or power of eminent domain. Pursuant to this right or power, the sovereign, whether it is the federal or state government, or an agency to whom there has been delegated this right or power, may, upon payment of just compensation, acquire property for the benefit of the public. See condemnation, excess.

condemnation, excess—The policy on the part of the condemner of taking, by right of eminent domain, more property than actually is necessary for the public improvement. See also condemnation.

condemnation, inverse—The legal process by which a property owner may claim and receive compensation for the taking of, or payment for damages to, his property as a result of a highway improvement.

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Source: NSPS “Definitions of Surveying and Related Terms“, used with permission.

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