Section 2 - Chapter 2: Gov't Limitations on Title

Question 1

What is the ALLODIAL SYSTEM of Real Property Ownership?

Answer 1

FREE and FULL OWNERSHIP RIGHTS of land by INDIVIDUALS. It’s the BASIS OF REAL PROPERTY LAW in THE U.S.

Question 2

What System of Ownership is the Opposite of the ALLODIAL SYSTEM?

Answer 2

FEUDAL SYSTEM, where land is owned by a SOVEREIGN/KING.

Question 3

What 4 POWERS does the GOV’T have under ALLODIAL SYSTEM - that LIMITS PROPERTY OWNERS’ RIGHTS?

Answer 3

• EMINENT DOMAIN
• POLICE POWER OF GOV’T
• TO TAX REAL ESTATE
• ESCHEAT

Question 4

What is EMINENT DOMAIN?

Answer 4

Right of FEDERAL/STATE GOV’T to assume ownership of private property for a necessary public use - with FAIR COMPENSATION to the owner.

Question 5

Can ANYONE ELSE take your land if needed?

Answer 5

YES. SEMI-PUBLIC organizations like UTILITY COMPANIES, RAILROADS are PERMITTED by STATE LAW to take land needed for UTILITY LINES, PIPES AND TRACKS.

Question 6

Why might the state use EMINENT DOMAIN?

Answer 6

They may use it to ACQUIRE LAND FOR STREETS, PARKS, PUBLIC BUILDINGS, RIGHT OF WAYS, etc

Question 7

Is ANY PRIVATE PROPERTY EXEMPT from EMINENT DOMAIN?

Answer 7

NO.

Question 8

What’s the NAME OF THE LEGAL PROCEEDING the GOV’T uses to obtain private property.

Answer 8

CONDEMNATION.

Question 9

How is JUST COMPENSATION decided?

Answer 9

It’s agreed upon by NEGOTIATIONS or in a COURT OF LAW.

Question 10

What is POLICE POWER?

Answer 10

It’s the RIGHT OF GOV’T to ADOPT and ENFORCE laws, ordinances, codes, and regulations to protect, promote and support general welfare of the public.

Question 11

How does POLICE POWER differ from EMINENT DOMAIN?

Answer 11

POLICE POWER is the uncompensated regulation of the USE OF PROPERTY.

Question 12

What is an example of POLICE POWER that affect the TITLE or RIGHTS of Real Property Owners?

Answer 12

RIGHT TO REGULATE LAND USE through general planning and zoning AND the RIGHT TO ESTABLISH BUILDING CODES and the RIGHT TO REQUIRE REAL ESTATE LICENSES.

Question 13

Can POLICE DAMAGE PRIVATE PROPERTY WITHOUT COMPENSATION?

Answer 13

YES, when the act is IN THE PUBLIC INTEREST.

Question 14

What is TAXATION?

Answer 14

It derives from STATE and LOCAL GOV’T RIGHT TO TAX PROPERTY TO RAISE REVENUE.

Question 15

Do STATES and LOCAL GOV’T have the RIGHT TO SEIZE PROPERTY?

Answer 15

YES. If TAXES are NOT PAID.

Question 16

Can FED GOV’T TAX LAND?

Answer 16

NO.

Question 17

When are TAX LIENS placed on PROPERTY?

Answer 17

They are AUTOMATICALLY PLACE ON PROPERTY when the TAX is ASSESSED. The LIEN IS REMOVED WHEN THE TAX IS PAID.

Question 18

What if a LIEN is NOT PAID?

Answer 18

Then the GOV’T HAS THE RIGHT to FORCE THE SALE of the property in order to collect the unpaid taxes.

Question 19

What is ESCHEAT?

Answer 19

The POWER of the STATE GOV’T to OBTAIN THE TITLE

to a PROPERTY when THE OWNER OF THE PROPERTY DIES WITHOUT A WILL or KNOWN HEIRS or WHEN A PROPERTY IS ABANDONED.