Final answer:
Condemnation is the unauthorized process by which the government takes private property without following the legal requirement of just compensation, in contrast to the legal process of eminent domain.
Step-by-step explanation:
The unauthorized use of the government to deprive an owner of his property without conforming to law is known as condemnation. This term refers to the formal process by which the government takes private property without the owner's consent, presuming it's for public use but without adhering to the legal steps necessary, such as providing just compensation.
Eminent domain is the lawful ability of the government to expropriate private property for public use, which must follow the principles set out in the Fifth Amendment - particularly the Takings Clause - to ensure that owners receive a fair market value for their property and that the use is indeed for the benefit of the public. Legitimate public uses may include creating schools, roads, or parks; however, controversies arise when powers of eminent domain are employed for economic development that primarily benefits private entities, as was seen in the case of Kelo v. City of New London.
In contrast to eminent domain, which requires just compensation, condemnation in this question refers to taking property without legal authority or fair compensation, thus infringing upon an owner's economic rights as protected under the Fifth Amendment. Differentiating between these terms is crucial in understanding a property owner's rights and the balance of government power regarding private property.