What is a condemnation easement?

A condemnation easement is specifically defined as an easement that is acquired by the government for public purposes. This typically occurs through the process of eminent domain, where the government takes private property for public use, such as building roads, schools, or other infrastructure. The hallmark of a condemnation easement is that it is rooted in the principle that the government can compel the transfer of property rights in the interest of the public good, provided that just compensation is offered to the property owner.

This distinguishes it from other types of easements, such as those established for personal or private use, which are typically created through mutual agreement between parties. A condemnation easement does not have a stipulated expiration based on non-use; rather, it remains in effect as long as the public purpose is being served.