Difference between condemnation and expropriation


Both condemnation and expropriation refer to taking private property for a puropse deemed to be in the interest of the public.

However, in legal English language, the two terms are used in different contexts.

Condemnation is defined as the taking of private property by the state for a just consideration. THis word is used in the civil law system when the state or a local government exercises its power of eminent domain, that is the right to acquire property in exceptional cases, for just compensation, and in cases defined by the law. Condemnsation always includes a fair compensation for the decrease of the wealth of the owner.

Condemnation is more frequently used in the United State. The fifth Amendment of the constitution of the USA mandates that the taking of private property must be for public use and a just compensation must always be paid.

Expropriation is an English term used for the taking or private property for public use. It may also refer to the taking of private property by a private entity authorized by a government in certain situations. In case of exporpriation, sometimes the element of compensation is missing.

Expropriation may also have political implications. In Marxist theory, expropriation often related to taking the property from the rich and its use for public purposes. in this respect expropriation borders on nationalization.