Sunday, September 16, 2012

Topic# 4 Public Restrictions on Ownership

Public or government restrictions on real estate exist in order to allow the government to provide ramifications for failure to pay taxes, and the ability for the governing body to act in a way that protects public health, safety, morals and the general welfare. These limitations arise from the governments powers of taxation, eminent domain, police power, and escheat.
Taxation- Property tax is a huge strain of income for the government. When tax amounts are set by market values and assessment ratios, landowners are expected to pay those amounts or risk losing their land.
Eminent Domain- The government can aquire property for public use, even if the owner does not want to sell, as long as the government gives just compensation. The implication of Eminent Domain is used to aquire land for projects such as parks, highways, or railroads.
Police Power- Gives the government the power to regulate the use of land in a way that ensures public welfare. An example of such would be restricting slaughterhouses or certain manufacturing plants near residential areas. Zoning can be used to represent the police power.
Escheat- Happens when the state government becomes the owner of private property in the rare case that the owner dies without a valid will, living relatives or a heir.

Controversies can come from the acts of public restrictions. Some don't find certain aspects to be fair, especially with eminent domain or police power. Although citizens have a right to challenge these restrictions and take them to court, usually they are upheld. As long as just compensation is paid the government can take what they need in order to provide for the general public.

Texas Landowners Fight Eminent Domain Laws in Keystone XL Pipeline Development Project.
By LAUREL BRUBAKER CALKINS & MARGARET CRONIN FISK Bloomberg
Sept 13, 2012
http://www.tulsaworld.com/business/article.aspx?subjectid=49&articleid=20120913_13_E4_ByLaur338661

This article shows how Beaumont landowners are fighting the keystone pipelines development projects use of eminent domain. The landowners want to stop the construction companies of the pipelines use of eminent domain as it is being used without lawyers and sufficient contracts. TransCanada is taking the land with out going through the nessecary steps. Land owners want to fight it all the way.

How to Turn the Tables on Zoning Laws
by eastpengardens Jan 10, 2010
 http://www.youtube.com/watch?v=bNqbEakrQY

In this video the narrator goes into depth and provides several examples on how to out smart zoning laws and allow them to work in your favor. He discusses how to fight the government. Although I see some of his motivations as just a way to "stick it to the man", which I disagree with, he provides a way to justify your ambitions with government laws. He uses an example of plants that are not allowed and are allowed. He then shows how to create zoning in your favor through conservation bylaws through those plants. If someone has the patients, they can ensure the great use of their land. At the same time he is discussing all this he gives a sales speech at the end which I thought was quite funny and kind of takes away from his message.











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