Land Use & Environmental

Police Power

The government's authority to regulate property to protect public health, safety, and welfare, without paying compensation.

Police power is the authority of government to enact and enforce regulations that protect public health, safety, morals, and general welfare. Zoning ordinances, building codes, and environmental rules all flow from police power. No compensation is owed to property owners affected by valid regulation.

Police power is one of the four government powers (PETE). It differs from eminent domain because regulation under police power does not require paying the owner.

On the exam

If the government is regulating use without paying, that is police power. If it is taking property and must pay, that is eminent domain.

Exam trap

Police power regulates without compensation. A regulation so severe that it destroys nearly all value can become a taking, which then requires compensation through inverse condemnation.

Tested in

Property Characteristics (9% of the exam)

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Related terms

Sources

Texas Local Government Code, municipal zoning authority

This definition is Texas real estate exam-prep education, not legal, tax, or professional advice. Verify current rules against the official source before relying on them for a real transaction. Back to the full glossary.