What type of easement is created when private property is taken for public use through eminent domain?

An easement by condemnation is specifically created when private property is taken for public use through the exercise of eminent domain. This legal process allows the government to acquire private land for public projects, such as roads or schools, while providing compensation to the property owner. In this context, the easement allows the public or government entities to use the land for the specified purpose, effectively acknowledging the transition of the land's use from private to public.

The concept of eminent domain underscores the necessity for public welfare and the overarching authority of the government to manage land use effectively. This distinguishes it from other types of easements, which may have different origins and implications based on user rights or land necessity. Unlike a prescriptive easement, which arises through continuous and open use of someone else's property without permission, or an appurtenant easement that benefits a particular piece of land, the easement by condemnation is distinctly tied to the governmental acquisition process. Similarly, an easement of necessity arises when a landlocked parcel must access a road, but this does not involve the same compulsory public usage aspects inherent to eminent domain.