Condemnation vs. Eminent Domain: What’s the Difference?

As a property owner, you may be approached by the government seeking to acquire part or all of your land for a public project, such as a road expansion or utility development. In such cases, the government will typically make an offer to purchase the property and may ask you to vacate or grant access to the land. The Fifth Amendment allows the government to take private property through this process, but only if it provides just compensation.

The terms “eminent domain” and “condemnation” are often used interchangeably, but they are not exactly the same. Eminent domain refers to the government’s legal right to take private property for public use, while condemnation is the legal process that allows the government to exercise that right.

How the Process Works

If the government seeks to take part or all of your property for a public project—such as a road expansion or utility installation—you may receive a purchase offer as part of an eminent domain proceeding. 

Condemnation proceedings formally establish how the government will acquire the property and whether the compensation offered is adequate. Condemnation may involve:

• Full property acquisition – The government takes ownership of the entire property.
• Partial property acquisition – Only a portion of the land is taken, such as for road widening.
• Temporary easements – The government temporarily uses part of the land for construction or access.

For example, condemnation might mean the government acquires only a few feet of your front yard for a sidewalk expansion, or it could mean taking the entire property for a highway project. In some cases, property may be used temporarily, such as allowing construction crews access for the duration of a project.

Protecting Your Rights and Property

If you receive notice of an eminent domain action, it’s essential to understand your legal rights and options. The government’s initial offer may not fully reflect your property’s value, and you may have grounds to seek greater compensation. Carefully reviewing contracts and legal documents is key to ensuring you’re not giving up more than necessary.

At Cherry Johnson Siegmund James, we represent property owners across Texas in eminent domain and condemnation cases. Our legal team is dedicated to securing fair compensation and ensuring that your rights are protected throughout the process.

If you’re facing an eminent domain action, consult with an experienced attorney before agreeing to any offer. The right legal strategy can make a significant difference in protecting your financial interests and your property rights.