Government rights in land: police power, eminent domain, taxation, escheat

Four government powers over land

Private ownership is subject to government powers. Identify the purpose and effect of the action: regulation, acquisition, revenue collection, or succession.

Police power: regulate use

Police power protects public health, safety, morals, and general welfare. Zoning and building codes are common examples. The owner generally retains title while the government limits uses or requires safe construction. Private subdivision restrictions arise from private arrangements, not governmental police power.

Eminent domain: acquire for public use

Eminent domain permits taking private property for public use with just compensation. Condemnation is the legal process for exercising that power. Road widening may require a whole parcel, a strip of land, or an easement. An owner's refusal to sell does not itself prevent a lawful taking. Compensation is legally determined, not simply the owner's requested price. Ordinary land use regulation differs from acquisition, although some regulations can amount to compensable takings.

Taxation: raise revenue

Taxation raises revenue for public purposes. Real property taxes may create liens; unpaid taxes can ultimately lead to enforcement against the property. The basis of that action remains tax collection, even if the owner loses the property through enforcement.

Escheat: no lawful successor

In the basic real estate example, property passes to the state when its owner dies without a valid will disposing of it and without anyone entitled to inherit. No will is not the same as no heirs. Intestate succession ordinarily identifies heirs. Vacancy or unpaid taxes alone does not establish escheat.

For exam questions, focus on the operative fact. A zoning restriction points to police power; acquisition for a public road with just compensation points to eminent domain; a property tax points to taxation; and death without a lawful successor points to escheat.