Real Estate · Land Use Controls and Regulations

Zoning laws are an exercise of which government power?

Correct answer

Police power

  1. A Eminent domain
  2. B Police power
  3. C Taxation
  4. D Escheat

Why this is the answer

Zoning laws are an exercise of police power — the government's authority to regulate private activity to protect public health, safety, morals, and general welfare. Zoning regulates the use of land (residential, commercial, industrial, agricultural), the density of development, the height and setback of buildings, and similar matters. Police power requires no compensation to property owners because it does not 'take' property — it regulates how property can be used, which is different from confiscation. However, regulations that go too far and effectively destroy the value of a property may constitute a 'regulatory taking' that does require compensation. The four government powers (PETE): Police power, Eminent domain, Taxation, Escheat.
Source: Real Estate Principles, Police Power and Zoning

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