Real Property
The government's authority to regulate private property use to protect public health, safety, and welfare, without paying compensation.
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.
Study Guide
Real Property
Key concepts and exam tips →
Practice
NY Real Estate Real Property
Free sample questions →
Preparing for the NY Real Estate Exam?
Unlocked covers Police Power and every other concept on the NY Real Estate Salesperson Exam — with study modules, practice questions, spaced-repetition flashcards, and Carl, your AI study buddy.
click for a haiku!