Political Law Review: Fundamental Powers of the State
IV. FUNDAMENTAL POWERS OF THE STATE A. General Principles The inherent powers of the State Police Power Power of Eminent Domain Power of Taxation Similarities INI-CL I nherent in the State , exercised even without need of express constitutional grant. N ecessary and indispensable ; the State cannot be effective without them. Methods by which the State i nterferes with private property . Presuppose equivalent c ompensation . Exercised primarily by the L egislature . Distinctions Scope : Police power regulates both liberty and property ; Eminent domain and taxation affect only property rights . Who Exercises : Police power and taxation are exercised only by the government ; Eminent domain may be exercised by private entities. Nature of Property Taken : Property taken in police power is usually noxious or intended for a noxious purpose and may thus be destroyed; In eminent domain and taxation, the property is wholesome and devoted to public use or purpose. Form of Comp...