Land Use & Zoning
What is the difference between 'eminent domain' and 'condemnation' in Illinois?
AThey are completely different legal processes with no relationship
BEminent domain is the government's power to take private property; condemnation is the legal process by which that power is exercised✓ Correct
CCondemnation refers to taking for public use; eminent domain refers to taking for private use
DEminent domain applies only to federal government; condemnation applies to state and local governments
Explanation
Eminent domain is the inherent government power to take private property for public use with just compensation. Condemnation is the legal process (court proceeding) through which eminent domain is exercised. If the government and property owner cannot agree on compensation, the government files a condemnation action in court to determine just compensation. The Illinois Eminent Domain Act governs this process.
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