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Ownership and Land Use, 15% of the examination

Eminent domain

The government power to take private property for public use on payment of just compensation.

The four governmental powers commonly tested are police power, eminent domain, taxation, and escheat, remembered as PETE. Eminent domain is the direct exercise of the taking power and requires just compensation. Police-power regulation ordinarily does not require compensation, but a regulation that goes far enough can become a compensable regulatory taking. An owner may use an inverse-condemnation action to seek compensation when property has effectively been taken or damaged without a formal eminent-domain proceeding.

See also

Police powerThe government power to regulate land use for public health, safety, morals, and general welfare, ordinarily without compensation.

Test the distinction

A relevant question from Ownership and Land Use, selected because its facts or explanation use this concept.

Ownership and Land Use ยท 15%Government Rights in Land

Which of the four government powers in land requires just compensation?

Written to DRE's published topic list. Not a real examination question, since reproducing those is a misdemeanor under B&P Code section 123.

Primary sources

Use these authorities when a course summary, forum answer, or older flashcard conflicts with the current California rule.

Where this is tested

Property Ownership and Land Use Controls and RegulationsWhat can be owned, how it is held, and what limits its use. Distinguish ownership interests, public and private controls, environmental hazards, and California water-rights rules.15%Practice Ownership and Land Use35 questions on this area, every option explained.Practice

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