RE-160 Lecture Notes - Lecture 11: California Coastal Commission, Escheat

• School: Diablo Valley College
• Department: Business Accounting/Management/Marketing/Real Estate
• Course: RE-160
• Professor: Langager

Document Summary

Real estate ownership rights are not absolute. They can be limited by the following rights of the government. The power of the state to preserve order, to protect the public health and safety, and to promote the general welfare of its citizens. Implied reservation of rights by the state. The power of government to regulate use of private property to protect public health, safety and general welfare. This power is granted to local government through state. Subject to substantive and procedural due process requirements. Taking private property through the regulatory process. Owner must be properly compensated at a fair value. The right of the government to acquire privately owned property for public use upon payment of just compensation. Condemnation is the process by which the government exercises this right. Action brought by property owner seeking just compensation for land adjacent to land used for a public purpose when the property"s use and value have been diminished.