CONDEMNATION - Black's Law Dictionary

What is CONDEMNATION? Definition of CONDEMNATION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

In admiralty law. The judgment or sentence of a court  having jurisdiction and acting in rem, by which  (1) it is declared that a vessel  which  has been captured at sea as a prize  was lawfully so seized and is liable  to be treated as prize;  or (2) 'that  property which has been seized for an alleged violation  of the revenue laws,  neutrality laws,  navigation laws,  etc., was lawfully  so seized,  and is, for such cause,  forfeit- ed to the government; or (3) that the vessel which is the subject of inquiry is unfit and unsafe for navigation. Gallagher v. Murray, 9 Fed.Cas. 1087.

In the civil law. A sentence or judgment which condemns  some one to do, to give, or to pay something, or which declares that  his claim or pretensions are  unfounded. Lockwood v. Saffold, 1 Ga. 72; State  v. Harr,  24 Tenn.App. 298, 143 S.W.2d 893, 895.

In real property law. The process by  which property of a private owner is taken for public use,  without his  consent, but  upon the  award and payment of just compensation, being  in the nature  of a forced sale and condemner stands  toward owner as buyer toward seller. Atlanta, K. & N. R. Co. v. Southern  Ry. Co., C.C.A.Tenn., 131 F. 666, 66 C.C.A. 601; Jones v. Oklahoma City, 192 Okl. 470, 137 P.2d 233, 237, 155 A.L.R. 375.

"A condemnation proceeding" is a special proceeding at law  to determine in a single action the damages done by the taking, but it is not a civil action, or a civil process within the meaning of the statutes relating to civil process. In re New Haven Water Co., 86 Conn. 361, 85 A. 636, 638. The law authorizing it must  be strictly construed, and every condition and requirement must be shown to have been complied with. Richter  v. Rodgers,  327 Mo. 543, 37 S.W.2d 523, 528.

More On This Topic: BOARD OF CIVIL AUTHORITY 

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