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Condemnation of Property with Deed Restrictions or Covenants

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Reviewed Date: October 06, 2017

Original Author: 
Ashburn, Melissa
Date Created: 
Oct 6, 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.

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MTAS letters and publications were written based upon the law at the time and/or a specific sets of facts. The laws referenced in the letters and publications 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 contained in this database.