What creates an easement by condemnation?

An easement by condemnation is established when the government uses its power of eminent domain to take private property for public use. This legal process allows the government to acquire property, including the rights to access, in a way that typically compensates the property owner. It is a formal procedure recognized under law, which requires that the government demonstrate a public benefit for the property being taken or used.

When an easement is created this way, it differs from other types of easements that can arise out of voluntary agreements or longstanding usage, as those do not involve government action. Unlike a voluntary agreement, which requires mutual consent, or a contractual obligation that specifies particular conditions of access, an easement by condemnation is imposed through legal authority and is part of the government's ability to serve the public interest, such as building roads or utilities.