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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, ordinarily without compensation.

Zoning, building codes, subdivision regulation, and rent control rest on police power. A valid regulation ordinarily requires no compensation merely because it limits use or reduces value. If regulation amounts to a constitutional taking, however, compensation can be required. The exam distinction is that police power regulates, while eminent domain directly acquires or takes property for public use.

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.

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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