Differences: taxation, police power, eminent domain

The following are the differences among taxation, police power and eminent domain.

As to who exercises the power, the first and the second are exercise by the government or its political subdivisions. The third is exercise by the government or public service companies and public utilities.

As to purpose, the first is exercise to raise revenue. The second is to promote of general welfare. The third is to facilitate the taking of private property for public purpose.

As to those affected, the first and the second upon all persons or a class of persons. The third is upon the owner or owners of property taken.

As to monetary limitations, the first and the third have no such limitation. The second is limited to the reasonable cost of regulation, issuance of license or surveillance.

As to benefits, the first gives no direct benefit but allows a civilized society. The second also has no direct benefit but the welfare of the people is protected. The third gives direct benefit to the owner in the form of just compensation.

As to impairment of the obligation of contracts, the second and the third are supreme over the non-impairment clause. The first cannot impair the obligation of contracts if, for example, the grant of exemption is supported b sufficient consideration.

Popular Posts