Texas Real Estate Sales Agent ExamLand Use Controls and RegulationsEasy
A developer plans to build a new subdivision in a suburban area. Before construction can begin, the developer must submit detailed plans for streets, utilities, and lot configurations to the local government for approval. This process ensures that the development aligns with the community's long-term growth objectives and infrastructure capabilities. Which of the following governmental rights in land is primarily being exercised in this scenario?
- APolice Power
- BEminent Domain
- CEscheat
- DTaxation
Show answer & explanationAnswer & explanation
Correct answer: A. Police Power
Police power is the government's inherent right to regulate private property for the protection of the public health, safety, morals, and general welfare. Zoning ordinances, building codes, and subdivision regulations are all examples of police power.
Why the other options are wrong
- B. Eminent domain is the right of the government to take private property for public use, with just compensation.
- C. Escheat is the right of the government to take ownership of private property when an individual dies without a will and without heirs.
- D. Taxation is the right of the government to impose taxes on property to fund public services.
Police Power
The inherent right of a state or local government to regulate private property for the protection of public health, safety, morals, and general welfare.
- No compensation is typically paid to property owners for regulations.
- Examples include zoning, building codes, and subdivision regulations.
- It is a fundamental governmental right.
Memory trick: Governments have POWER to POLICE the land for the PEOPLE's good.