A-1 Property Rights: Private and Government

Question 1

Property taxes are levied

Answer 1

Annually

Question 2

The measure for water:

Answer 2

Flowing cubic feet per second, non flowing water is acre foot (43560 cu ft)

Question 3

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.

Answer 3

Variance

Question 4

A term describing payments made after a service has been provided.

Answer 4

Payment in arrears

Question 5

The winner of tax lien interest auction receives

Answer 5

Certificate of Purchase

Question 6

Government retains 4 basic rights over property

Answer 6

Police, Eminent Domain, Taxation, Escheat

Question 7

The county treasurer may put a tax lien up for sale:

Answer 7

In the February following the owner’s notification of delinquency.

Question 8

Backbone of Zoning, code enforcement and city planning

Answer 8

Police Power

Question 9

Personal Property aka “Personalty”: Include such items as Trade fixtures, and furniture.

Answer 9

Chattel

Question 10

Property bordering lakes and oceans

Answer 10

Littoral rights

Question 11

Non-navigable body of water

Answer 11

Property line extends to the low water line.

Question 12

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)

Answer 12

Escheat

Question 13

Annexation

Answer 13

Attaching personal property to real property

Question 14

Feudal System

Answer 14

King owned all the land

Question 15

Allodial System

Answer 15

Kings power limited - land can be inherited - To include real property rights “Bundle of Rights” D.E.E.P.C

Question 16

A master plan adopted by a local planning commission may not be concerned with matters of

Answer 16

Deed restrictions

Question 17

Naturally growing plants are considered __________ property.

Answer 17

Real

Question 18

Example of Emblements ___________ . And are __________ property

Answer 18

Crops also called fructus industriales considered personal property

Question 19

Characteristics of Real Property

Answer 19

Physical - Immobility, no two parcels are the same (nonhomogeneity), situs (location) and indestructibility

Economic - Scarcity, Modification, Fixity

Question 20

35 gallons per minute and will water less than 2 acres.

Answer 20

An exempt domestic well

Question 21

Often a 20 year bond added to property taxes and used to pay facilities (road, sewer, fire facilities)

Answer 21

CFD (community Facility District)

Question 22

Real Property

Answer 22

Corporeal- Land, house agree, Barn (tenements); Incorporeal- rights Hereditaments and right of way

Question 23

Police Power examples

Answer 23

Zoning, building codes, subdivision, regulations, environmental. Legislation thru enabling acts.

Question 24

Taxation of Real Estate is the Jurisdiction of:

Answer 24

City and state

Question 25

M.A.R.I.A - Identify Fixtures

Answer 25

Method of Attachment: Agreement, Relationship, Intent, Adaptability,

Question 26

Eminent Domain =

Answer 26

Condemnation, not confiscation.

Question 27

First in time is first in right for water usage law in Arizona

Answer 27

Prior appropriation

Question 28

Appurtenances

Answer 28

Rights that go along with real property “run with the land” Usually sold with the property but can be separate ie mineral

Question 29

Personal Property

Answer 29

Includes tangible objects (beds, chairs, tables) and intangible ones (copyrights, patents, trademarks, relationships)

Question 30

Ad Valorem

Answer 30

Property taxes are based on the value of the property

Question 31

Fructus Natural and Fructus Industrials

Answer 31

Natural attachment growing on the land (Emblements) considered personal property think of farming (crops)

Question 32

Law of Situs

Answer 32

Is the exact location; known as the same and the law of situs states the land is subject to the laws in that jurisdiction

Question 33

Urban property is:

Answer 33

City property

Question 34

Where owners adjacent to or abutting bodies of water may use that water unimpeded.

Answer 34

Riparian Rights

Question 35

Paid Pro Rata: (in proportion, and often a calculation based on usage amounts)

Answer 35

Special Assessment Taxes

Question 36

Four government powers regarding land ownership?

Answer 36

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)

Question 37

Bundle of Rights

Answer 37

1. 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

Question 38

Appurtenances

Answer 38

Incorporeal rights in land which are attached to and “run with the land”

Question 39

The transfer of real property in any form requires a ——

Answer 39

Deed

Question 40

To transfer personal property requires a ______

Answer 40

Bill of Sale

Question 41

gives tenants- farmers the right to harvest money crops that mature after their departure.

Answer 41

“The Right of Emblements”