Eminent Domain And Police Power
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FAQ
States have three inherent powers: the power of taxation, police power, and the power of eminent domain. The Executive branch and Legislative branch also have their own inherent powers vested by the establishment of their offices.
Overview: Eminent domain refers to the power of the government to take private property and convert it into public use. The Fifth Amendment provides that the government may only exercise this power if they provide just compensation to the property owners.
Some examples of police power are: the right to regulate land use through a general plan and zoning. the right to require persons selling real estate to be licensed. the right to regulate pollution, environmental control, and rent control.
Examples of police power include zoning laws, building codes, fire codes, rent control, safety hazards, and tenant rights.
Whereas eminent domain involves the taking of property for public use, the police power involves regulating the use of property to prevent harm to the public interest.