The Condemnation Unit is administered by a Senior Right of Way Agent, and is located in Boise's Headquarters Right of Way Office.

If any interest in real property can't be acquired through a negotiated purchase it can be acquired by eminent domain (the power of the state to force the sale of property). In the few instances where this is necessary the Transportation Department shall institute formal condemnation proceedings. The Office of the Attorney General represents the Idaho Transportation Department in condemnation cases. The Condemnation Unit provides coordination between the Transportation Department and the Office of the Attorney General and support as needed.