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Public Restrictions on Real Estate

January 30, 2013

A public restriction on real estate is a limitation on a real estate owner’s title by a governing body or public authority.

For example, under the power of eminent domain, a government can acquire property for a public use even if the owner doesn’t want to sell, as long as the owner receives just compensation. An interesting news event involving eminent domain recently unfolded in San Bernardino County, California. The county and two of its cities had considered using the power of eminent domain to seize troubled mortgages from banks and write down debt for homeowners. The idea was extremely controversial and was recently dropped. However, county authorities say that they will continue to look into this option, so this story may not be over just yet.

LA Times: San Bernardino County abandons mortgage plan


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