Certified Residential Appraiser Practice Exam

Which of the following is NOT considered a public restriction of private property rights?

1. Taxation

2. Easement

3. Police power

4. Escheat

The correct answer is: Easement

In the context of property rights, public restrictions refer to the limitations placed on private property ownership by government authority. These restrictions are often implemented to serve the public interest or ensure compliance with laws and regulations. Easements allow for limited rights to use someone else's property, often benefiting adjacent landowners or public utilities, but they are typically private agreements rather than government-imposed restrictions. Thus, easements do not fall into the category of public restrictions of private property rights. On the other hand, taxation is a public restriction because governments levy taxes on properties as a way to generate revenue for public services. Police power involves regulation by the government to enact zoning laws, building codes, and health regulations to protect the welfare of the community. Escheat is the process by which the government reverts property back to itself when a property owner dies without a will or heirs, also reflecting a public interest. Understanding the distinction between public and private restrictions is crucial for appraisers as it impacts property values and the rights of property owners.