American Institute of Certified Planners (AICP) Practice Exam

What distinguishes police power from eminent domain in land use regulation?

1. Eminent domain requires compensation.

2. Police power requires compensation.

3. Eminent domain is a power of the federal government only.

4. Police power cannot be exercised by local government.

The correct answer is: Eminent domain requires compensation.

The distinction between police power and eminent domain in land use regulation is primarily rooted in the fundamental purposes and outcomes of each power. Eminent domain is the authority that allows the government to take private property for public use, which mandates that the property owner receive just compensation. This is a constitutional requirement rooted in the Fifth Amendment, which emphasizes the obligation to fairly compensate individuals when their property is taken for public benefit. On the other hand, police power is the capacity of the state to regulate behavior and enforce order within its territory, which includes zoning, land use, and public health regulations. Police power does not involve the taking of private property for public use in a manner that requires compensation. Instead, it allows the government to impose restrictions or regulations on private property to promote the health, safety, morals, and general welfare of the community without the necessity of providing compensation to the property owner. The other choices do not accurately reflect the established distinctions in the context of land use regulation. Police power can indeed be exercised by local governments, and eminent domain is not restricted solely to the federal government—it is a power that both state and local governments can exercise. Additionally, police power does not entail compensation for property owners as it involves regulatory controls rather than the taking of property