FUNDAMENTAL POWERS OF THE STATE

1. Police Power. It is the power of the state to regulate liberty and property for the promotion of the
general welfare. (Self-protection of the government) Vested in the national legislature which can be
delegated to other authority. The exercise of this power is discretionary.
2. Power of Eminent Domain. It enables the State to forcibly acquire private property, upon payment
of just compensation, for some intended public use.
3. Power of Taxation. It enables the State to demand from the members of society their proportionate
share or contributions in the maintenance of the government.

SIMILARITIES OF THESE THREE INHERENT POWERS OF THE STATE

1. They are inherent in the State and may be exercised by it without need of express
constitutional grant.
2. They are not only necessary but indispensable. The State cannot continue or be effective unless
it is able to exercise them.
3. They are methods by which the State interferes with private rights.
4. They all presuppose an equivalent compensation for the private rights interfered with.
5. They are exercised primarily by the legislature.

DIFFERENCES OF THESE POWERS

POLICE POWER (regulates liberty and property, exercised by govt, property taken is destroyed for
being noxious and intended for noxious purposes, compensation is the altruistic feeling that he has
contributed to the general welfare)
Power of EMINENT DOMAIN ( affects property rights only, may be exercised by both the govt and
private entities, property taken is intended for public use, compensation is more concrete, to wit, a full
and fair equivalent of the property expropriated or protection)
Power of TAXATION (affects property rights only, property taken is intended for public use, exercised
by the govt, compensation is more concrete, a full and fair equivalent of the public improvements for the
taxes paid)