law
police power
Police power is the government's authority to adopt and enforce laws that protect the public health, safety, morals, and general welfare. In real estate it is the basis for zoning ordinances, building codes, subdivision regulations, environmental rules, and rent controls. Unlike eminent domain, a valid exercise of police power regulates how property is used and does not require the government to pay the owner compensation.
- Exam tip
- Remember PETE: Police power, Eminent domain, Taxation, Escheat. Only eminent domain requires just compensation; zoning and building codes come from police power.
- Example
- A town passes an ordinance requiring smoke detectors in all rental units. Landlords must comply at their own cost because it is an exercise of police power.
Related terms & state variants
Sources
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Last verified: 2026-10-23