Ch 2 Section 2 Government Limitations on Title Flashcards
Under the allodial system of ownership the government has 4 powers that limit the rights of real property owners
- Eminent Domain
- Police power of government
- The power to tax real estate
- The power of escheat
Eminent Domain
right to federal, sate, & local governments to assume ownership of private property for necessary public use with just compensation paid to the owner
Condemnation
is the legal proceeding by which the government obtain ownership of private property
Police Power
right to government to adopt and enforce laws, ordinances, codes, and regulations to PROTECT, promote, and support the order, health, safety, morals and general welfare of the PUBLIC
Taxation
derives from state and local governments right to tax property to raise general revenue
Escheat
the power that the state government retains over the title of real property