44 CFR § 63.2 - Condemnation in lieu of certification.

---
identifier: "/us/cfr/t44/s63.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "44 CFR § 63.2 - Condemnation in lieu of certification."
title_number: 44
title_name: "Emergency Management and Assistance"
section_number: "63.2"
section_name: "Condemnation in lieu of certification."
chapter_name: "FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY"
subchapter_number: "B"
subchapter_name: "INSURANCE AND HAZARD MITIGATION"
part_number: "63"
part_name: "IMPLEMENTATION OF SECTION 1306(c) OF THE NATIONAL FLOOD INSURANCE ACT OF 1968"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 4001  Reorganization Plan No. 3 of 1978; E.O. 12127."
regulatory_source: "53 FR 36975, Sept. 23, 1988, unless otherwise noted."
cfr_part: "63"
---


# 63.2 Condemnation in lieu of certification.

(a) The condemnation required by section 1306(c)(6)(B) of the Act in lieu of certification need not be grounded in a finding that the structure is subject to imminent collapse or subsidence as a result of erosion, but may be issued for other reasons deemed sufficient by the State or local authority.

(b) The condemnation may be in the form of a court order or other instrument authorized by State or local law, e.g., a notification to the property owner of an unsafe condition, or unsanitary condition, or other deficiency at the property address, coupled with a statement that the property owner must vacate the property if the condition giving rise to the condemnation notice is not cured by repair, removal, or demolition of the building by a date certain.

(c) In addition to a condemnation in accordance with paragraphs (a) and (b) of this section, a structure must be found by the Federal Insurance Administrator to be subject to imminent collapse or subsidence as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels to be eligible for benefits under section 1306(c) of the Act.