August 14th, 2020 — In

What To Do When My Home is Condemned For Alleged Code Violations or Based on Claims That It Is Unsafe or Uninhabitable

This Article is written by Owner’s Counsel of America for general informational purposes only.  It is intended to assist landowners in understanding some of the basic aspects of condemnations of property resulting from code violations or claims that the property is unsafe, uninhabitable or constitutes a public nuisance.  This Article is not to be viewed as providing legal advice or to be considered as a substitute for consulting with an experienced real estate, property rights or eminent domain lawyer on the matters covered herein. The Term “Condemnation” Can Have Two Meanings Confusion is often created regarding the meaning of the term “condemnation.” On one hand, the term means essentially the same thing as “eminent domain,” i.e. the power of a governmental body to take private property in order to build public projects, such as highways, roads or other necessary infrastructure. On the other hand, the term can also mean the power of the government to take properties that have been deemed not in compliance with government codes, standards or regulations, or properties that have been determined to be unsafe or uninhabitable. While OCA lawyers do not generally represent property owners in this second category of condemnation takings, this article is written to offer some helpful tips to landowners who may be faced with this issue. Code Enforcement Provisions Most cities, towns and counties within the U.S. have adopted building codes that establish standards for properties, aimed at ensuring the health, safety and general well-being of their occupants. The specificity of […]

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