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Pass California

Ownership and Land Use, 15% of the examination

Police power

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

Zoning, building codes, subdivision regulation and rent control all rest on police power. Because no compensation is due, the line between a valid regulation and a compensable taking is one of the more heavily litigated questions in property law.

See also

Eminent domainThe government power to take private property for public use on payment of just compensation.VarianceAdministrative permission to deviate from a zoning requirement because of a hardship unique to the parcel.

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