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Reviewed by Casa Academy and updated July 29, 2026 using the current DBPR checklist and Pearson VUE scheduling guidance.

Government Power

Government power over real property includes police power to regulate health and safety, eminent domain to take land for public use with compensation, taxation to fund public services, and escheat to reclaim ownerless estates, collectively limiting the bundle of private ownership rights.

Exam context

Map police power to uncompensated regulation, eminent domain to compensated taking, taxation to levies and liens, escheat to heirless reversion. Private deed restrictions are not government power.

Police power and regulation

Zoning, building codes, rent control where authorized, and environmental rules exercise police power without paying owners for diminished value unless regulation eliminates all reasonable use. Owners retain title but face lawful use limits promoting public welfare.

Taxation, taking, and escheat

Property taxes fund local government and can lead to tax liens or sales for nonpayment. Eminent domain transfers title for public projects with just compensation. Escheat returns property to the state when no heirs exist. License exams test which power applies to each scenario.

Examples

  • Downzone

    A county reduces allowable density on vacant land. The owner keeps title but builds fewer units. Police power regulation typically does not trigger compensation unless it destroys all economic use.

  • Highway condemnation

    A state acquires a strip for widening through eminent domain, paying appraised value and relocation benefits rather than relying on police power alone.

Keep studying

Practice government power questionsEnroll in pre-licensing

Related terms

  • Eminent domainCompensated taking for public use.
  • EscheatState reversion when no legal owner or heirs remain.

Related resources

Sources