5 - Public and Private Control Flashcards
Encumbrance
An outstanding burden on the titel. Anything that “removes sticks” from an owner’s bundle of rights is an encumbrance
Eminent Domain
The right of the government to take private property for the public good.
Escheat
When an individual dies leaving no will or heirs, the property escheats, or passes, to the state. Property is deed for the benefit of the state school fund.
Condemnation Action
When the government files a condemnation action or suit, suing the property owner, claiming they need it
Inverse Condemnation
After the government takes property by eminent domain, neighbors can sue the federal government and ask to “take” their property, because the value has gone down since the initial taking
Which amendment refers to the federal government taking property?
5th Amendment
Which amendment refers to the state government taking property?
14th Amendment
Police Power
Government right to adopt and enforce laws to promote and support the public health, safety, morals, and general welfare. Cannot seize property, but can use it without compensation on emergency basis.
Zoning
The power of the state to regulate land use.
Board of Adjustment
Hears appeals from landowners desiring special exceptions to zoning ordinances
Zoning - A
Agriculture use
Zoning - R
Residential use
Zoning - C
Commercial use
Zoning - M/I
Manufacturing / Industrial
Zoning - S
Special purpose use - churches, hospitals, etc…
PUD
Planned Unit Development. An area planned for high-density occupation.
Buffer Zone
A strip of land separating one land use from another. Commercial from being too close to residential.
Legal non-conforming use
Permitted use of property, even if zoning laws had change since then. Zoning changes are not retroactive. Originally built as R-2, but later changed to R-1.
Variance
Permission to vary from the prevailing zoning regulation for building or use purposes
Spot zoning
A provision that allows a single parcel of land to be zoned differently than surrounding properties. 7/11 inside community
Injunction
What is used to order those who violate the CC&R’s to stop doing so
Private restrictions
Also known as CC&R’s (Covenants, Conditions, and Restrictions)
Right of enforcement
Passed from developer of subdivision to HOA. Enforces CC&R’s
Easement
A non-possession right of use or enjoyment of another’s property. Generally involves a physical condition or use
Easement appurtenant
An easement that runs with the land or deed
Easement in gross
An easement granted to a specific person, like a hunting permit
4 ways to create an easement
a. Mutual Agreement (easement in gross)
b. Deed restriction (easement appurtenant)
c. Implication:
d. Eminent Domain
e. Necessity
f. Easement by prescription (20 years of using it)
