3 limitations on ownership

There are three (3) general limitations on a person's exercise of his rights as an owner of property. They are taxation, eminent domain and police power.

This text focuses on taxation and eminent domain. Click here for a discussion on police power as a limitation on ownership rights.

Along with the police power and eminent domain, taxation is one of the three necessary attributes of sovereignty. The power of eminent domain is the ultimate right of the sovereign power to appropriate, not only the public but the private property of all citizens within the territorial sovereignty, to public purpose. Taxation, on the other hand, is a form of forced contribution to the operation of government.

The power of eminent domain allows property to be taken for public use/purpose, but subject to due process and payment of just compensation To justify the exercise of the right of eminent domain, the following requisites must all be present: (a) Private property as the object of the expropriation; (b) The property is taken by the State or by competent authority; (c) The purpose of the taking is for public use; (d) The taking must be attended with due process of law; (e) There is payment of just compensation.