A-1 Property Rights: Private and Government Flashcards
Property taxes are levied
Annually
The measure for water:
Flowing cubic feet per second, non flowing water is acre foot (43560 cu ft)
The process by which an applicant can request deviation from the set of rules a municipality applies to land use and land development, typically a zoning ordinance, building code or municipal code.
Variance
A term describing payments made after a service has been provided.
Payment in arrears
The winner of tax lien interest auction receives
Certificate of Purchase
Government retains 4 basic rights over property
Police, Eminent Domain, Taxation, Escheat
The county treasurer may put a tax lien up for sale:
In the February following the owner’s notification of delinquency.
Backbone of Zoning, code enforcement and city planning
Police Power
Personal Property aka “Personalty”: Include such items as Trade fixtures, and furniture.
Chattel
Property bordering lakes and oceans
Littoral rights
Non-navigable body of water
Property line extends to the low water line.
The reversion to the state of property after death, usually involves personal , rather than real property. The state can sell after 5 years (goes to state’s general fund)
Escheat
Annexation
Attaching personal property to real property
Feudal System
King owned all the land
Allodial System
Kings power limited - land can be inherited - To include real property rights “Bundle of Rights” D.E.E.P.C
A master plan adopted by a local planning commission may not be concerned with matters of
Deed restrictions
Naturally growing plants are considered __________ property.
Real
Example of Emblements ___________ . And are __________ property
Crops also called fructus industriales considered personal property
Characteristics of Real Property
Physical - Immobility, no two parcels are the same (nonhomogeneity), situs (location) and indestructibility
Economic - Scarcity, Modification, Fixity
35 gallons per minute and will water less than 2 acres.
An exempt domestic well
Often a 20 year bond added to property taxes and used to pay facilities (road, sewer, fire facilities)
CFD (community Facility District)
Real Property
Corporeal- Land, house agree, Barn (tenements); Incorporeal- rights Hereditaments and right of way
Police Power examples
Zoning, building codes, subdivision, regulations, environmental. Legislation thru enabling acts.
Taxation of Real Estate is the Jurisdiction of:
City and state
M.A.R.I.A - Identify Fixtures
Method of Attachment: Agreement, Relationship, Intent, Adaptability,
Eminent Domain =
Condemnation, not confiscation.
First in time is first in right for water usage law in Arizona
Prior appropriation
Appurtenances
Rights that go along with real property “run with the land” Usually sold with the property but can be separate ie mineral
Personal Property
Includes tangible objects (beds, chairs, tables) and intangible ones (copyrights, patents, trademarks, relationships)
Ad Valorem
Property taxes are based on the value of the property
Fructus Natural and Fructus Industrials
Natural attachment growing on the land (Emblements) considered personal property think of farming (crops)
Law of Situs
Is the exact location; known as the same and the law of situs states the land is subject to the laws in that jurisdiction
Urban property is:
City property
Where owners adjacent to or abutting bodies of water may use that water unimpeded.
Riparian Rights
Paid Pro Rata: (in proportion, and often a calculation based on usage amounts)
Special Assessment Taxes
Four government powers regarding land ownership?
P= Police Power federal, state, local
E=Eminent Domain with just compensation, federal and state
T=Taxation: right to tax property state and local
E=Escheat, take back a property if owner dies without a will or if property is abandoned State and county government (NO FEDERAL)
Bundle of Rights
- Possession 2. Exclusion 3. Encumbrance 4. Right to Transfer 5. Use 1) Disposition: Right to transfer, 2)Exclusion: Allows owner to stop others from entering or using their property. 3) Enjoyment: Use without interference 4)Possession: Give owner the right to occupy land 5) Control: the right to change the property
Appurtenances
Incorporeal rights in land which are attached to and “run with the land”
The transfer of real property in any form requires a ——
Deed
To transfer personal property requires a ______
Bill of Sale
gives tenants- farmers the right to harvest money crops that mature after their departure.
“The Right of Emblements”
