What right allows the state to obtain title to Owner A's property for public use if he refuses to sell?

Study for the California Real Estate Broker Exam. Utilize flashcards and multiple choice questions, each with hints and explanations. Prepare efficiently and effectively for your licensing exam!

The concept that allows the state to obtain title to Owner A's property for public use, even if he refuses to sell, is known as eminent domain. This legal principle grants the government the authority to take private property for public purposes, such as building roads, schools, or parks, as long as just compensation is provided to the property owner.

Eminent domain is rooted in the principle that the government can exercise its power to ensure the greater good of the community, balancing individual property rights with societal needs. The requirement for just compensation ensures that while the state can take property for public use, property owners are not left without fair value for their loss.

In contrast, adverse possession refers to a private individual's claim to ownership of land through continuous and exclusive possession over a specified period, which is not applicable to government acquisitions. Foreclosure typically involves a lender seizing property due to the owner defaulting on a mortgage, while partition relates to dividing co-owned property among owners. Neither of these concepts pertains to the state's right to take private property for public use.

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