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Pass California

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 are police power, eminent domain, taxation and escheat, remembered as PETE. Only eminent domain requires compensation. Where regulation deprives an owner of all economically viable use it may amount to a regulatory taking, and the owner's action to establish that is called inverse condemnation.

See also

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

See it in a question

One question from Ownership and Land Use, so the term lands in the context the exam uses it in.

Ownership and Land Use ยท 15%Types of Ownership

Two unmarried people buy a house as joint tenants. One dies leaving a will giving her entire estate to her brother. What happens to her interest?

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

Where this is tested

Property Ownership and Land Use Controls and RegulationsWhat can be owned, how it is held, what limits it, and who does the limiting. Water rights and environmental hazards carry more weight in California than almost anywhere else.15%Practise Ownership and Land Use30 questions on this area, every option explained.Practice

Other terms in this area