government_rights_in_land
Table of Contents
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
government_rights_in_land.txt · Last modified: by reidjs