Judicial Impact on Preservation I. Preservation in the United States stems from three broad powers granted under the Constitution. The power to tax and to use the proceeds for the general welfare. The police power, which is the authority to regulate the conduct of individuals and their use of property without compensation for the rights they give up. The power of eminent domain, a power to acquire, hold, manage and dispose of property and to enter into legal agreements allowed to private citizens, to sue and be sued.
Property rights are a bundle of rights held in fee simple.
Right to sell 2. Air rights 3. Right to build 4. Surface and ground water rights 5. Mineral rights 6.