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Pass California

Ownership and Land Use, 15% of the examination

Escheat

The transfer of property to the state when a person dies without a valid will and without legal heirs.

Escheat is one of the four traditional governmental powers remembered with police power, eminent domain, and taxation. It is not a government taking for public use, so it does not involve just compensation.

See also

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

An owner dies with no will and no locatable heirs. What happens to the property?

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, what limits it, and who does the limiting. Water rights and environmental hazards carry more weight in California than almost anywhere else.15%Practice Ownership and Land Use30 questions on this area, every option explained.Practice

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