Condemnation Valuation: The Taking Of Mineral Bearing Lands (PREPRINT NUMBER 89-149 )

Eminent Domain is the power of the government or municipality to take property for public use without the consent or acceptance of the owner. Typically the agency taking the property will make an offer on the property, hoping that the owner will immediately accept and allow work to begin. If a mutual resolution regarding the property value cannot be reached, however, the municipality will condemn the premises and institute a condemnation action in a court of law, which is when the problems begin. The power of the government to take the subject property is limited by the Federal and State constitutional duty to pay "just compensation" for the property.