Government Rights in Land

Government has inherent powers that affect private property ownership.

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.

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.

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

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