Did you know condemnation easements are not limited to highways and public roads?
In certain situations, landowners may be able to use a condemnation easement to gain legal access across neighboring property when no reasonable access exists. While many people associate eminent domain only with major public projects, condemnation easements can also play a role in resolving land access issues—under strict legal requirements.
Farmland Fact Video
If you prefer to watch instead of read, you can view the short video below.
Prefer YouTube?
Watch the video here
What Is a Condemnation Easement?
A condemnation easement is a legal right to cross private property obtained through the principles of eminent domain. While government agencies most commonly use eminent domain for roads and infrastructure, the law also recognizes condemnation easements in limited circumstances to address landlocked property access.
These easements are not granted automatically. Courts require clear legal justification, careful review, and compliance with established procedures before approving any condemnation easement.
When Can Condemnation Easements Apply?
Courts may allow a condemnation easement when a property lacks reasonable legal access. In these cases, the party seeking access must meet specific legal standards and compensate the affected landowner.
- The property has no reasonable alternative access
- The lack of access can be legally demonstrated
- The easement is limited in scope to what is necessary
- The affected landowner is paid fair market compensation
Why This Matters to Landowners
Access and easements directly affect farmland value, usability, financing, and long-term marketability. Buyers and landowners who overlook access issues may encounter unexpected costs, delays, or legal challenges during a transaction.
Understanding condemnation easements helps landowners, buyers, and investors evaluate risk, protect property rights, and make more informed land ownership decisions.
The Bigger Takeaway
Condemnation easements involve more nuance than many people realize. While they are rarely used, the law provides this option when access problems cannot be resolved through other means—and compensation is always required.
This post is part of our Farmland Facts series, where we share clear, practical insights that help landowners, buyers, and investors better understand what drives farmland value and land ownership decisions.
