TOPIC #4: Public Restrictions on Ownership

When you own any property within a governing body, there are restrictions that apply depending on where you choose to purchase real estate.

A common public restriction that applies to any property within the United States is power of eminent domain. This is used on any level on government that sees fit to acquire any portion of private property for a purpose that considered for the greater good of the public. This can be anything from a road to a power-line. If the local, state, or federal government believes it must take certain private real estate for this overall benefit, it will compensate the previous owner by the value of its property taxation, not necessarily the market value of the real estate.

Here is an example of property bought by the government by the power of eminent domain:

http://bangordailynews.com/2012/08/19/opinion/editorials/would-the-government-take-private-property-to-build-an-east-west-highway/

Another example of a very common public restriction on ownership is the concept of ad valorem tax. This is the taxation of private real estate based upon the government’s valuation of that particular property. The valuation is adjusted often, but does not always coincide with the value that is determined by the current markets. Ad valorem can be contested, but the government will always have the final say to which it will value the property that is being taxed.

Here is an example of how College Station, TX values it’s property tax:

http://www.cstx.gov/index.aspx?page=3471

A third and controversial example of public restrictions on ownership is the power of escheat. This is when the government can acquire private real estate of a decested individual that either has no heirs, or no valid will. Power of escheat is controversial because many individuals do not choose to create a legal will out of choice or were not prepared because of an unexpected death. Without heirs with a legal will, the government can take the real estate for its own benefit as it sees fit.

Here is an example of the power of escheat:

http://www.4vf.net/the-supreme-court-espousing-easier-escheat/

This entry was posted in Uncategorized. Bookmark the permalink.

Leave a comment