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The Importance Of Escheat: Government Regulation Of Police Power

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There are many limits on the private ownership of property. Government power further reduces the number of rights through taxation, escheat, eminent domain, and police power. In matters of taxation, the federal government is precluded from direct taxation of real property. This right of taxation is reserved to state and local governments. Escheat deals with the state taking over ownership of property if the property owner dies without a will. Eminent domain limitations set out in the Fifth and Fourteenth Amendments at the very least prohibit government expropriation without payment for the taking. Police power relates to government regulation of property in accordance with that ambiguous term general welfare. Examples of major government intrusions
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