The "Police," "Municipal" and "Eminent Domain" Powers of Government

The natural "executive" power relates to the power of every individual to secure his own rights, while respecting the rights of others. This "executive power" is the right to use physical force to protect one's own rights against perceived agression (trespass/injury) by another.

     The "police power" is essentially the civil institutionalization of this executive power to apply within the boundaries of a given physical territory. The "police powers" invested in the civil "state" are those powers to establish and enforce laws by which the actions of citizens may be regulated for the protection of public peace, safety, health (and morals) from trespass/injury - thereby protecting individual "lives, liberties and estates" from agression.

     Police power is exercised in the form of enforcement of a penalty prescribed for noncompliance with the law, or for the doing of some prohibited act. (Merced County v. Helm, 102 Cal. 159, 36 Pac. 399 (1894.)

In providing measures for the protection of public health, the destruction or summary abatement of public nuisances inimical to the public health may be ordered, for all property is held in subordination to the right of reasonable regulation by the government clearly necessary to preserve the health, safety or morals of the people. (Patrick v. Riley, 209 Cal. 350, 287 Pac.455 (1930).

(See Also Separate Section 5 On Regulation)