What Is Power of the State?
What is INHERENT POWERS OF THE STATE?
The power of the government or state to enforce and money mandatory or compulsory money contribution from the people to support the needs of the nation.
POLICE POWER is the power of promoting the public welfare by restraining and regulating the use of both liberty and property of all the people. It is considered to be the most all-encompassing of the three powers. It may be exercised only by the government. The property taken in the exercise of this power is destroyed because it is noxious or intended for a noxious purpose.
Tests of the Police Power 1. Lawful Subject 2. Lawful Means Power of Eminent Domain It is the power of the State to forcibly take private property for public use upon payment of just compensation. Like police power, it is based on the overriding public necessity and is exercisable by the legislative department of the State. But unlike police power, eminent domain may be exercised by private entities with the express valid delegation from the legislature. It can likewise be exercised by the President, administrative agencies and local governments. The power is usually exercised through the formal expropriation proceedings before a court which, when granted by the latter, will result to the actual taking of the property from its owners upon payment of just compensation.
Requisites of Taking in Eminent Domain
1. The expropriator must enter a private property.
2. The entry must be for more than a momentary period.
3. The entry must be under warrant or color of legal authority.
4. The property must be devoted to public use or otherwise informally appropriated or injuriously affected.
5. The utilization of the property for public use must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property.
Power of
Taxation
It is the power by which the State exacts enforced proportional contribution from the people, property and exercise of a
The power of the government or state to enforce and money mandatory or compulsory money contribution from the people to support the needs of the nation.
POLICE POWER is the power of promoting the public welfare by restraining and regulating the use of both liberty and property of all the people. It is considered to be the most all-encompassing of the three powers. It may be exercised only by the government. The property taken in the exercise of this power is destroyed because it is noxious or intended for a noxious purpose.
Tests of the Police Power 1. Lawful Subject 2. Lawful Means Power of Eminent Domain It is the power of the State to forcibly take private property for public use upon payment of just compensation. Like police power, it is based on the overriding public necessity and is exercisable by the legislative department of the State. But unlike police power, eminent domain may be exercised by private entities with the express valid delegation from the legislature. It can likewise be exercised by the President, administrative agencies and local governments. The power is usually exercised through the formal expropriation proceedings before a court which, when granted by the latter, will result to the actual taking of the property from its owners upon payment of just compensation.
Requisites of Taking in Eminent Domain
1. The expropriator must enter a private property.
2. The entry must be for more than a momentary period.
3. The entry must be under warrant or color of legal authority.
4. The property must be devoted to public use or otherwise informally appropriated or injuriously affected.
5. The utilization of the property for public use must be in such a way as to oust the owner and deprive him of beneficial enjoyment of the property.
Power of
Taxation
It is the power by which the State exacts enforced proportional contribution from the people, property and exercise of a