Property Ownership, Transfer of Title & Land Use 7

Question 1

What do Police Powers state?

Answer 1

States and local governments can enact legislation to protect the public’s health, safety, and general welfare.

Question 2

Examples of Police Powers

Answer 2

Zoning ordinances

Building codes

Environmental protection laws

Other regulations

Question 3

What is Eminent Domain?

Answer 3

Eminent domain is the right of the government to take privately owned real estate for public use and for public benefit.

Question 4

What is the process by which the privately owned real estate is “taken” is called?

Answer 4

Condemnation

Question 5

What is Inverse condemnation?

Answer 5

Inverse condemnation is when the government takes private property but fails to pay compensation.

Question 6

What is Taxation?

Answer 6

A Tax is a charge on real estate to raise funds to meet the costs of government operations.

Question 7

What is Escheat?

Answer 7

This process provides that the ownership of real estate (and personal property) will revert to the state (or county) in which it is located when its former owner dies without a will (intestate) and has no heirs capable of being discovered by the state.

The spirit of this power is that no personal or real property will be abandoned becoming a hazard to the public.