In my previous blog post, I discussed private restrictions on real estate. For this post, the topic will be public restrictions on real estate. The difference between the two types of restrictions on ownership is that public restrictions come from government. There are four types of public restrictions: taxation, eminent domain, police power, and escheat. Governments use an ad valorem tax, which is a tax levied as a percentage of the value of the property. Eminent domain refers to when a government can acquire property for public use as long as they provide just compensation, which can lead to differences in what is considered "just." Police powers enable governments to have the power of regulation in order to protect the public health, safety, morals, and general welfare. Lastly, escheat occurs when the government takes over a property after the death of the landowner if that landowner does not specify someone to pass the estate down to or if he or she does not have any heirs.
http://manchester.patch.com/articles/town-wins-eminent-domain-case-over-manchester-country-club-12th-tee
The article above talks about a town using eminent domain to acquire land for a country club golf course. The Manchester Country Club of Bedford, New Hampshire recently added a 1.29 acre piece of land to its property to serve as the 12th tee of its golf course. The former property owners felt that the $52,000 that they received for the land from the city did not satisfy as just compensation, but a Superior Court judge ruled that the amount was correct based off of a "more credible" appraisal by the town's appraiser than the private appraiser.
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