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In the sense of ownership of real property in fee: Public property is state, federal or community owned property that is not restricted to any one individual's use or possession. Think of parks, schools, athletic fields, bike paths, playgrounds, city squares, public libraries & museums, municipal parking garages, courthouses, city halls, etc. Private property is protected from public appropriation. The owner has exclusive control and absolute rights in the property. They may convey it or leave it to their heirs. Private property is all property that is not public and can be owned by trusts, individuals, corporations, railroads, private hospitals, churches, non-profit corporations, etc. In another sense: Property used by the public although privately owned is subject to regulations and laws promulgated to protect public health. This category includes restaurants, stores, indoor athletic facilities, convenience stores, shopping malls, gas stations, private nursing homes, hotels, etc. Smoking bans are a good example of the government's control over private property that is used by the public.

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