Police power is the constitutional basis for zoning, building codes, environmental regulations, and health ordinances. Unlike eminent domain, the exercise of police power does NOT require compensation to property owners. However, if a regulation goes so far that it effectively deprives the owner of all economic use, it may be considered a "regulatory taking" requiring compensation.
A city passes a zoning ordinance that limits a neighborhood to single-family homes only. A landowner who wanted to build a shopping center receives no compensation for the lost development opportunity because zoning is an exercise of police power, not eminent domain.
Police power is the most tested government power on the exam. The key distinction: police power = NO compensation; eminent domain = compensation required. Use the mnemonic PETE for government powers: Police power, Eminent domain, Taxation, Escheat.
Related Terms
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
Frequently Asked Questions
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