A-1 Property Rights: Private and Government Flashcards

1
Q

Property taxes are levied

A

Annually

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2
Q

The measure for water:

A

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

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3
Q

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.

A

Variance

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4
Q

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

A

Payment in arrears

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5
Q

The winner of tax lien interest auction receives

A

Certificate of Purchase

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6
Q

Government retains 4 basic rights over property

A

Police, Eminent Domain, Taxation, Escheat

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7
Q

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

A

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

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8
Q

Backbone of Zoning, code enforcement and city planning

A

Police Power

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9
Q

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

A

Chattel

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10
Q

Property bordering lakes and oceans

A

Littoral rights

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11
Q

Non-navigable body of water

A

Property line extends to the low water line.

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12
Q

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)

A

Escheat

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13
Q

Annexation

A

Attaching personal property to real property

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14
Q

Feudal System

A

King owned all the land

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15
Q

Allodial System

A

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

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16
Q

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

A

Deed restrictions

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17
Q

Naturally growing plants are considered __________ property.

18
Q

Example of Emblements ___________ . And are __________ property

A

Crops also called fructus industriales considered personal property

19
Q

Characteristics of Real Property

A

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

Economic - Scarcity, Modification, Fixity

20
Q

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

A

An exempt domestic well

21
Q

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

A

CFD (community Facility District)

22
Q

Real Property

A

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

23
Q

Police Power examples

A

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

24
Q

Taxation of Real Estate is the Jurisdiction of:

A

City and state

25
M.A.R.I.A - Identify Fixtures
Method of Attachment: Agreement, Relationship, Intent, Adaptability,
26
Eminent Domain =
Condemnation, not confiscation.
27
First in time is first in right for water usage law in Arizona
Prior appropriation
28
Appurtenances
Rights that go along with real property “run with the land” Usually sold with the property but can be separate ie mineral
29
Personal Property
Includes tangible objects (beds, chairs, tables) and intangible ones (copyrights, patents, trademarks, relationships)
30
Ad Valorem
Property taxes are based on the value of the property
31
Fructus Natural and Fructus Industrials
Natural attachment growing on the land (Emblements) considered personal property think of farming (crops)
32
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
33
Urban property is:
City property
34
Where owners adjacent to or abutting bodies of water may use that water unimpeded.
Riparian Rights
35
Paid Pro Rata: (in proportion, and often a calculation based on usage amounts)
Special Assessment Taxes
36
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)
37
Bundle of Rights
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
38
Appurtenances
Incorporeal rights in land which are attached to and "run with the land"
39
The transfer of real property in any form requires a ——
Deed
40
To transfer personal property requires a \_\_\_\_\_\_
Bill of Sale
41
gives tenants- farmers the right to harvest money crops that mature after their departure.
"The Right of Emblements"