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Condemnation of Property with Deed Restrictions or Covenants

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Reviewed Date: June 02, 2020

Original Author: 
Ashburn, Melissa
Date of Material: 
Mar 1, 2017


Subjects:
Eminent domain--Laws and regulations
Land use--Laws and regulations

Condemnation of Property with Deed Restrictions or Covenants

Summary: 
MTAS was asked if the city condemns property that has deed restrictions or covenants requiring that the property only be used for residential development, if such restrictions are lifted or nullified by the condemnation.

Attachment(s):

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Information written by MTAS staff was based on the law at the time and/or a specific sets of facts. The laws referenced may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information posted to this website.