Real Property

Police Power

The government's authority to regulate private property use to protect public health, safety, and welfare, without paying compensation.


Definition

Police power is one of the four government powers over real estate. It allows government to regulate land use through zoning laws, building codes, environmental regulations, and health standards. Unlike eminent domain, police power restricts rather than takes property, so no compensation is required. A regulation only becomes an unconstitutional taking if it destroys all economic value.

Exam Tip

Police power = regulate (no compensation). Eminent domain = take (must pay). Zoning, building codes, and environmental rules are all police power.

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