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ARTICLE · 13 FEBRUARY 2024

What Is The Difference Between Fee Simple, An Easement, Full Take, And Part Take?

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When one hears "eminent domain" or "condemnation," you might envision a governmental agency or utility coming in and acquiring the entirety of a piece of property and leaving nothing behind.

United StatesReal Estate and Construction

When one hears "eminent domain" or "condemnation," you might envision a governmental agency or utility coming in and acquiring the entirety of a piece of property and leaving nothing behind. However, often times, condemnation does not require the entire property, but only a portion or rights to use a portion a specific way. So, what is the difference between the various terms of fee simple, an easement, full take, and part take?

Fee Simple

If someone owns land in "fee simple," they typically have complete and total ownership of the piece of land. This is the type of ownership that one typically thinks of when you think about owning a home or other piece of property. So, when land is being acquired in "fee simple" by a condemning entity, it means that the agency is acquiring all rights associated with that piece of property and the former property owner will have no rights left to the property at the end of the eminent domain action.

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