Ch. 31 Basics Of CA RE law Flashcards
Common law
And English legal system in which disputes or decided on a case-by-case basis before a judge a plane codes in prior cases.
Civil law
Hey Spanish legal system in which an elaborate system address per month for contact of the people in advance of disputes.
Police power
The basis for an acting local ordinances such as zoning, traffic, health and safety regulations and rent control.
The power to protect the public well-being.
Eminent domain
The right of the government to take private property for public use on payment to the owner of the property is fair market value
Administrative agencies
A government entity created by the state or federal legislators and local governing bodies to oversee specialize matters. Most have legislative, executive and judicial authority.
Stare Decisis
Reliance on an earlier decision to decide the current case
What four main constitutional powers authorizes the California legislature to enact laws regulating real estate activities?
- Police power,
- power of eminent domain,
- power to tax,
- escheat, the reverting of property to the state and the owner dies and there are no capable heirs to inherit it.
Aka PETE
What is PETE?
- police POWER
- power of EMINENT domain
- power of TAX
- ESCHEAT
What does Police Power Govern?
- highway construction and maintenance
- rental control
- zoning
- traffic