====== Government Rights in Land ====== Government has inherent powers that affect private property ownership. ===== 1. Police Power ===== Right of the government to regulate land use to protect public health, safety, morals, and welfare. * Zoning ordinances * Building codes * Environmental regulations * Land-use restrictions No compensation is required unless regulation becomes a taking. ===== 2. Eminent Domain ===== Right of the government to take private property for public use. * Requires just compensation * Includes partial takings * Public use includes roads, schools, utilities, and redevelopment The process of taking is called condemnation. ===== 3. Taxation ===== Right of the government to tax real property. * Property taxes are a lien against the property * Failure to pay may result in tax sale or foreclosure * Property tax liens take priority over most other liens ===== 4. Escheat ===== Right of the government to take property when an owner dies without heirs and without a will. * Title transfers to the state * Applies to both real and personal property