any proposed sale in lieu thereof

English translation: any sale proposed as an alternative to formally using the eminent domain power

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:any proposed sale in lieu thereof
Selected answer:any sale proposed as an alternative to formally using the eminent domain power

17:39 Aug 31, 2013
    The asker opted for community grading. The question was closed on 2013-09-03 18:54:08 based on peer agreement (or, if there were too few peer comments, asker preference.)


English language (monolingual) [PRO]
Law/Patents - Law (general) / General
English term or phrase: any proposed sale in lieu thereof
(a) Material Condemnation. If, prior to the Closing, all or any portion of the Development Site becomes subject to any actual or threatened condemnation or taking pursuant to the power of eminent domain or any proposed sale in lieu thereof (a “Condemnation”), $$$ shall give written notice of such Condemnation to ### as soon as possible after $$$ receives notice of such Condemnation.
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I don't understand this phrase. Why "proposed sale" is regarded as a kind of condemnation? What is it in lieu of (what does that there refer to)? Thanks.
Ms Faith
any sale proposed as an alternative to formally using the eminent domain power
Explanation:
In older parlance, condemnation is not necessarily a criminal conviction. It can also mean loss in a civil suit, or forfeit. Here, 'condemnation' is used to mean forfeit.

'Eminent domain' is a type of expropriation based on the doctrine that the public authority is the ultimate landlord who can in some cases take land away from its lawful owners.

'In lieu of' means literally 'in the place of', or basically 'instead of'. 'Lieu' is French for 'place'.

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Note added at 16 mins (2013-08-31 17:55:36 GMT)
--------------------------------------------------

Eminent domain:
http://en.wikipedia.org/wiki/Eminent_domain

In lieu of:
http://idioms.thefreedictionary.com/in lieu of

Condemnation:
http://legal-dictionary.thefreedictionary.com/condemnation

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Note added at 20 mins (2013-08-31 17:59:26 GMT)
--------------------------------------------------

And, to answer your question beyond doubt: The hypothetical 'proposed sale' is regarded as a kind of condemnation because the seller would still have his hand forced. The contract of sale would basically be a form of settlement mitigating the severity of formally resorting to the eminent domain power. Basically an easier, gentler, face-saving kind of solution. Please note that condemnation (such as through eminent domain) still requires compensation anyway. A negotiated contract of sale would simply be softer on the proprietor, colloquially speaking.
Selected response from:

Łukasz Gos-Furmankiewicz
Poland
Local time: 06:36
Grading comment
Thanks, Lukasz, you have been so helpful!
4 KudoZ points were awarded for this answer



SUMMARY OF ALL EXPLANATIONS PROVIDED
5any sale proposed as an alternative to formally using the eminent domain power
Łukasz Gos-Furmankiewicz


  

Answers


15 mins   confidence: Answerer confidence 5/5
any sale proposed as an alternative to formally using the eminent domain power


Explanation:
In older parlance, condemnation is not necessarily a criminal conviction. It can also mean loss in a civil suit, or forfeit. Here, 'condemnation' is used to mean forfeit.

'Eminent domain' is a type of expropriation based on the doctrine that the public authority is the ultimate landlord who can in some cases take land away from its lawful owners.

'In lieu of' means literally 'in the place of', or basically 'instead of'. 'Lieu' is French for 'place'.

--------------------------------------------------
Note added at 16 mins (2013-08-31 17:55:36 GMT)
--------------------------------------------------

Eminent domain:
http://en.wikipedia.org/wiki/Eminent_domain

In lieu of:
http://idioms.thefreedictionary.com/in lieu of

Condemnation:
http://legal-dictionary.thefreedictionary.com/condemnation

--------------------------------------------------
Note added at 20 mins (2013-08-31 17:59:26 GMT)
--------------------------------------------------

And, to answer your question beyond doubt: The hypothetical 'proposed sale' is regarded as a kind of condemnation because the seller would still have his hand forced. The contract of sale would basically be a form of settlement mitigating the severity of formally resorting to the eminent domain power. Basically an easier, gentler, face-saving kind of solution. Please note that condemnation (such as through eminent domain) still requires compensation anyway. A negotiated contract of sale would simply be softer on the proprietor, colloquially speaking.

Łukasz Gos-Furmankiewicz
Poland
Local time: 06:36
Specializes in field
Native speaker of: Polish
PRO pts in category: 8
Grading comment
Thanks, Lukasz, you have been so helpful!
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