A city adopts a zoning ordinance and building codes that limit how parcels may be developed. Which government power is it exercising?
Correct Answer
D) Police power
The police power serves public health, safety and welfare; building codes, zoning and subdivision ordinances are examples of it. Eminent domain takes property with compensation, escheat passes unclaimed property to the state, and taxation raises revenue.
Why This Is the Correct Answer
Option D is correct because the police power serves public health, safety and general welfare in the development and use of real estate. Building codes, zoning laws and subdivision ordinances are standard examples of it.
Why the Other Options Are Wrong
Option A: Eminent domain
Option A, eminent domain, is wrong because it is the power to take private property for public use with compensation, not to regulate how parcels are developed.
Option B: Escheat
Option B, escheat, is wrong because it passes property to the state when an owner dies without heirs or the property is unclaimed; it does not limit development.
Option C: Taxation
Option C, taxation, is wrong because it is the power to raise revenue through levies such as property taxes, not to regulate land use.
PETE powers
PETE stands for Police power, Eminent domain, Taxation and Escheat; police power is the one that regulates use.
How to use: Use PETE to list the four government powers and pick the regulatory one for zoning or code questions.
Exam Tip
Regulation of how land is used or built points to police power; a taking with compensation points to eminent domain.
Common Mistakes to Avoid
- -Confusing zoning with eminent domain because both involve government action
- -Thinking escheat applies to regulation of land use
- -Assuming police power refers only to law enforcement
Concept Deep Dive
Analysis
This question tests recognition of the four powers of government over private property. Zoning and building codes regulate how property is used for public health, safety and welfare, which defines the police power. The other powers involve taking property, receiving unclaimed property or raising revenue.
Background Knowledge
Government holds four main powers over private property: police power, eminent domain, taxation and escheat. The police power includes zoning, building codes, subdivision regulations and similar rules, and it affects value by shaping what uses are legally permissible.
Real-World Application
A town adopts a new ordinance limiting building heights near its historic district. An appraiser valuing a vacant lot there notes the change as an exercise of police power that narrows the legally permissible uses for highest and best use analysis.
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