Transcript for:
Understanding Governmental Powers in Real Estate

hello and welcome to my channel i am nonia your real estate tutorials i'm a licensed broker here in illinois as well as a licensed instructor on this channel i bring the best tips and tools to getting your real estate license i also answer any questions you may have about the process if you're new here welcome and do consider subscribing in today's lesson we're going to talk about governmental powers that is definitely a topic you need to understand for the broker examination when we talk about governmental powers we're talking about the limitations a president has through their home ownership due to the government so the government imposes certain laws and that essentially restricts your rights and your own yeah your ownership rights to your real estate property there are four governmental paws we're going to talk about today and so let's dive in and get to them the four governmental powers are police power eminent domain taxation and ish treatment police power eminent domain taxation and its treatment i use the acronym pete p-e-t-e to help me remember the four governmental powers the first government of power is police power now this has nothing to do with your police department that's just what it's called police power police power is the authority that the state has to enact certain laws that preserve order protect the public health and safety and promotes the general welfare of its citizens so these are the three reasons why police power is in place all right and the state has authority to enact these laws so police power state authority now the state through what we call enabling acts passes on their power to the local municipalities and counties so now the counties and local municipalities can make these types of laws that will fit into those three categories right preserve order public health and safety and then also the general welfare of the community when we talk about police power examples of them think about if you wanted to build your house and you just build it however which way you want it right at the end of the day the community is going to look a hot mess and so that's kind of where these laws came from so think about zoning ordinances that's a part of police power now we know if we build a house we have certain requirements so that we are preserving order we are protecting health and safety for example your water waste that comes from the house the waste that comes from the house where does that go right so that's part of police power right so police power is our first one second is eminent domain eminent domain is the right that the government has to acquire private property for public use the government has the right to acquire private property for public use of course they have to have valid reasons right to do so it's essentially for the good of the community and then secondly they will compensate the homeowner the fair market value of their property when they do exercise this right so eminent domain is the rights the government has and then when the government is in the process of taking over someone's property that's called condemnation eminent domain is the right condemnation is the process quick recap police power eminent domain the third one is taxation now i like to use talk about taxation and say taxation is a privilege of owning real estate right so we pay taxes right for different things sales tax everything tax right we're in chicago homeowners also have taxes they have to pay and the taxes like all the other taxes are used to fund the government so when they come up with their budget they figure out okay we need to get more money from homeowners and then they develop the property taxes for that year if a person doesn't pay their property taxes they essentially stand to lose the home the government will take a claim on the property and eventually you could lose ownership of your property if you do not pay your property taxes so taxation is a governmental power it's a law the fourth one is is cheatment is cheatsman is a process whereby the state determines who will acquire real and personal property upon the death of an individual who dies without a will and with no heirs so a person dies no will no errors we need to figure out what's going to happen to their assets in the state of illinois a person's real property goes to the county where it is located so in illinois when a person dies no will no heirs their real property their real estate is cheats to the county where it is located quick recap police power eminent domain taxation and achievement is the fourth one and with that we've come to the end of today's lesson hope this was beneficial to you let me know in the comments if you have additional questions um also let me know if you have other topics you wanted me to cover that i haven't already covered yet in on my channel as always thank you so much for watching again jump on to the next one where i can where you will see me and until next time take care and happy happy studying to you