ITL - Law and Inherent Powers of State

4 types of Law

• divine law

• natural law

• moral law

• physical law

What are the parts of the law?

• Title

• Preamble

• Enacting Clause

• Body

• Repealing Clause

• Saving Clause

• Separability Clause

Sources of Law

• legislation

• custom

• court decisions

Powers of State

1) police power

2) eminent domain

3) taxation

What is Police Power?

The inherent power of the government to restrict or regulate the use of liberty and property for public welfare

Does use of Police Power have compensation?

No, because there is no compensable taking; therefore, no payment of compensation

What is Eminent Domain?

The inherent power of the government to take or appropriate private property for public use

Does use of Eminent Domain have compensation?

Yes, property interests are appropriated, necessitating payment of just compensation  

What is Expropriation?

The act of the government, through Eminent Domain, to take private property for public use, welfare, or purpose, after a valid and definite offer is made and accepted by the owner, and with the payment of just compensation

What are the 2 stages of Expropriating?

1) determination of validity of expropriation (public use)

2) determination of just compensation

What is Taxation?

The power of the government to raise funds through imposition og financial charges on individuals or entities to meet public expenditures and achieve economic goals

What is Article 435 of Civil Code

“No person shall be deprived of his property except by competent authority and for public use and always upon payment of just compensation”