Real property rights are fundamental to real estate ownership and investment but are subject to various restrictions and burdens that directly affect their value and uses. This chapter, "Restricted Rights: Governmental Burdens and Restrictions," aims to highlight the nature of these restrictions and burdens, focusing specifically on those imposed by the government.
The scientific significance of this topic lies in its connection between the legal and economic aspects of real estate. Understanding governmental restrictions, such as eminent domain, property taxes, police power, and escheat, has a crucial impact on property valuation, investment decision-making, and related risk management. This understanding helps avoid legal disputes and protect property rights and enables owners and investors to adapt to changes in government policies and plan effectively for the future.
This chapter addresses a variety of governmental restrictions that limit property rights. It will review the concept of eminent domain, its conditions, and its effects on owner compensation, and discuss property taxes and their types, including general taxes and special assessments, and their impact on property value and ownership costs. It will also highlight the police power, which includes zoning laws, building codes, and environmental legislation, and their effect on property use and development. Finally, it explains the concept of escheat, which represents the state's right to recover property ownership in the absence of legal heirs.