Define Police Power in Real Estate

"A Deep Dive for Real Estate Agents and Appraisers"

The phrase "police power" comes from the early days of American government, when the term "police" referred to the maintenance of public order and safety. In the early 19th century, states began to grant local governments the power to regulate land use and other activities in the interest of public health and safety. This power was referred to as "police power" because it was seen as a necessary function of maintaining public order and protecting the welfare of the community as a whole.

It's important to note that the exercise of police power is subject to constitutional limitations, and must be done in a way that is consistent with due process and other legal protections. Property owners who feel that their rights have been infringed upon by government regulation or condemnation may have legal recourse to challenge those actions in court.

Here are a few examples of how police power can be exercised in the context of real estate:

Zoning regulations: Local governments can use zoning regulations to control the use and development of land in certain areas. For example, they may zone certain areas for residential use only, or prohibit certain types of commercial activities in residential areas. This is done in the interest of public health, safety, and welfare, and to ensure that land use is compatible with the surrounding community.

Building codes: Governments can require property owners to comply with building codes that dictate the standards for construction and maintenance of buildings. These codes are in place to ensure that buildings are safe, sanitary, and meet minimum standards for structural integrity.

Health and safety codes: Governments can enforce health and safety codes that require property owners to maintain their properties in a safe and sanitary condition. This may include requirements for things like pest control, waste management, and other measures to prevent the spread of disease.

Eminent domain: Governments can exercise their power of eminent domain to condemn private property for public use. This may be done in order to build highways, public parks, or other infrastructure that is deemed to be in the public interest.

Environmental regulations: Governments can regulate land use and development in order to protect the environment and prevent pollution. This may include regulations related to the use of hazardous materials, waste disposal, and other activities that could harm the environment.

These are just a few examples of how police power can be exercised in the context of real estate. The exercise of police power is intended to protect the public's health, safety, and welfare, and to ensure that land use is compatible with the surrounding community.