Government rights in land (PETE) Flashcards
How many rights does the government have on our land?
Four
What is the acronym for the four rights the government has on our land?
PETE
What does PETE stand for?
Police power
Eminent domain
Taxation
Escheat
What is police power?
PETE
The right (of the government) to regulate and control the way land is used.
What are some examples of police power?
i.e. zoning, wetlands legislation, environmental protection legislation, health & fire codes, etc.
What is eminent domain? What is this called when they exercise this right?
Right of the government to take private land for public use. It is called condemnation.
Is the owner compensated for their land if it’s been condemned by the government? Can they challenge the compensation? How?
Yes & yes by going to court.
What is taxation?
The government’s right to tax real property.
The greater the value of land, the higher the _____.
Taxes. (ad valorem = according to value)
What is escheat?
The government will take the title if a person dies without a will (and without heirs) or if a property is abandoned.