‘Fee simple ownership’ is a term that is usually used to represent the highest form of ownership interest in real property. The property owner is entitled the full enjoyment of the real property. The ownership duration of the property by the real owner is not limited and can pass it along to the heirs at will (Kimmons, 2018). The owner is only limited by the zoning laws, covenants, or the subdivision laws. In other words, the one can do anything he wants with the property with always assuming he is not breaking the law. The government has a vital role to play to police people’s property rights. First, the government safeguards safety, health, and welfare of the community by maintaining the property in appropriate conditions. The government also ensures the economic value of the property is enhanced through the regulation maintenance and appearance of the property. In other words, the government has to police property rights for the provision of the abatement conditions which are usually offensive and also detrimental to the value of the property as well as the community appearance.
Zoning plan is a tool that is usually used in most cities to govern how the land is currently used and how it can be used in the future. The zoning plan governs the uses, how the buildings relate to the surrounding as well as the sizes of the buildings (Meck, 2000). The zoning plan should be allowed as it provides public safety as well as protecting the community’s character. It also plays an essential part in guiding the local governments in growth and developments of the communities.
Eminent domain is usually referred to as the power of a sovereign state for taking a private property for public use without the property owner’s consent (Pritchett, 2003). In my opinion, despite the law being enshrined in the constitution, the law harms the landowners by forcing them to expend most of their valuable resources. I feel like this is a violation of the rights of the landowners and suggest that the law should be reviewed to ensure the protection of the constitutional right of private property ownership.
Kimmons, J. (2018, April 12). The balance of small business. Retrieved from Fee Simple Ownership in Real Estate: Definition and Exceptions: https://www.thebalancesmb.com/fee-simple-ownership-in-real-estate-2866601
Meck, S. (2000). The legislative requirement that zoning and land use controls be consistent with an independently adopted local comprehensive plan: a model statute. Wash. UJL & Pol’y, 3, 295.
Pritchett, W. E. (2003). The public menace of blight: Urban renewal and the private uses of eminent domain. Yale L. & Pol’y Rev, 21, 1.