Public Restrictions to Ownership

Public restrictions on real estate generally come from the government. These restrictions are meant to support the general welfare of a community. The government has the right to assert its police powers, the power of eminent domain, and the power of escheat. The power of eminent domain has been a controversial issue for those affected by it. This power gives the government the right to take your private property without your consent in exchange for "just" compensation(not market value). The government typically uses this power to implement a large building project for the city. It puts a large burden on the homeowner, but the project is typically executed for the general betterment of a community.

Battle for Brooklyn

Battle for Brooklyn is a great example of what happens when the government implements their power of eminent domain. This power is obviously a very unpopular one, but sometimes the government deems it necessary in order to ultimately improve the community.


A pivotal role of government is to use their police powers to promote the health, safety, welfare, and morals of a community. Zoning, building codes, and rent control are examples of how they use this power in real estate.