Chapter 5: Government Rights and Limitations on Private Ownership Flashcards
One of the basic goals to land use planning is
Controlling population density
A few of the basic goals in land use planning are controlling population growth and density, ensuring compatible uses in neighboring properties, preserving access to light and air, and ensuring that natural geological conditions will not endanger a particular use.
A form of ownership wherein several buyers purchase undivided interests in real property with a right to use that property for a specific period is called a
Timeshare
A timeshare interest is an exclusive right to possess a portion of property for a specified period each year.
The Subdivided Lands Law applies to most subdivisions with __________ parcels.
Five or more
The Subdivided Lands Law, found in the Business and Professions Code, requires a subdivider of most subdivisions with five or more parcels or units to disclose certain information to buyers.
The comprehensive long-term proposal of property development in California is called
The general plan
Every city and county in the State of California is required by law to design and adopt a long-term comprehensive plan. This is known as a general plan. The general plan must include all property subject to development within its jurisdiction.
Zoning ordinances generally control all of the following, EXCEPT
minimum value of property to be placed upon the lot.
Zoning ordinances generally control the height, placement on the lot with reference to required setbacks, and type of use (commercial or residential).
__________ divides a community into areas that are set aside for specific uses
Zoning
A zoning ordinance defines a particular land use activity in detail, such as residential, commercial, industrial or agricultural.
The enforcement of the laws setting standards for construction methods and materials is accomplished by way of
The building permit system
An owner must obtain a building permit from the city or county before constructing a new building or repairing, improving or altering an existing structure. The permit allows officials to inspect the building plans to verify that building codes and zoning ordinances have been satisfied and to inspect the completed construction before a certificate of occupancy is issued.
Previously established uses that are permitted to continue after a zoning change prohibits the use in the newly rezoned area is known as a:
Non conforming use
When a new zoning ordinance is enacted, particularly when property is down zoned (rezoned to a lesser use), a conflict is frequently created between the new ordinance and land uses already in existence. When that occurs, the pre-existing conflicting use is referred to as a nonconforming use.
Laws setting the standards for construction methods and materials are contained within the:
Building codes
Building codes are an exercise of police power and protect the public from unsafe or substandard construction. Contained within the building code are codes for plumbing, wiring, insulation, fire protection, building materials, etc.
The federal and state government’s power to take private property for public use is known as:
Eminent Domain
Eminent domain is the right of the federal, state, or local government and certain private entities that serve the public, to acquire title to private property for public use by a process known as condemnation.
The government’s power to regulate for the protection of the public health, safety, morals and general welfare is called:
police powe
Unlike eminent domain, which involves the government’s right to take property away from private owners, land use control involves the constitutional right of the government to exercise its right known as police power. The right of police power gives the government the right to regulate the use of private property to protect the health, safety, morals, and welfare of the public.
The California law governing environmental quality is commonly referred to as:
CEQA - California Environmental Quality Act. Similar to NEPA (a federal law), CEQA requires state or local agencies to prepare an EIR (environmental impact report) for any public or private project that may have a significant impact on the environment.
A final subdivision public report is issued by the:
The Real Estate Commissioner investigates the subdivision and issues a final subdivision report if the subdivision meets the requirements set forth in the Subdivided Lands Law.
Real property taxes in California become a lien on:
Taxes become lien on January 1.
Real property taxes in California become a lien on:
Taxes become lien on January 1.
