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REAL ESTATE > Chapter 7: Land Regulation Use > Flashcards

Chapter 7: Land Regulation Use Flashcards

1
Q

4 Powers of Government over Land Use- PETE

A

Police Power
Eminent Domain
Taxation
Escheat

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2
Q
  • Inherent power of a state to adopt and enforce laws/regulations that promote health, safety, morals and general welfare of public
  • Compensation is not paid
A

Police Power

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3
Q

Type of regulation designed to establish minimum standards of construction, such as plumbing, electrical wiring, building materials, etc. and is enforced by issuance of building permits

A

Building Codes

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4
Q

Type of regulation that guides and controls long term use and development of land within their jurisdiction, and purpose is to direct present and future growth

A

City/County Master Plans

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5
Q

Implementation of ordinances related to use of land/buildings

A

Zoning

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6
Q

Zoning ordinances regulate what:

A
  1. Land and building
  2. Structual design
  3. Types of improvements permitted
  4. Height and bulk of building
  5. Density, lot sizes and setbacks
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7
Q

True or False: Zoning is a police power

A

TRUE

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8
Q

What is the purpose of the zoning appeals board?

A

Hearing complains that individual owners have with local zoning ordinances, and offers power to grant variances/exceptions

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9
Q

Unpaid property tax results in specific lien

A

Taxation

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10
Q

Reverts to state ownership after individual dies without will or heirs

A

Escheat

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11
Q

What are the 5 types of Zoning?

A
  1. Residential
  2. Commercial
  3. Industrial
  4. Agricultual
  5. Public/Special Use
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12
Q

Permission for building that would otherwise violate zoning ordinances

A

Variance (Exception)

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13
Q

One that is inconsistent with and doesnt conform to the current zoning ordinances

A

Non-conforming use

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14
Q

When the zoning for a relatively small differs significantly from the zoning of adjoining areas

A

Spot Zoning

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15
Q

Change in zoning from a higher/active category to a lower, less active and less profitable category

A

Downzoning

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16
Q

True or False: If downzoning is so drastic that the property becomes essentially unusable, owners may contest action in court in attempt to receive $ for lossses

A

True

17
Q

This zoning purpose is to control density by restrictions on setbacks lines, building heights and % of open areas. Prevent overcrowding

A

Bulk Zoning

18
Q

Strip of land set aside to separate 2 types of land that are considered incompatible

A

Buffer Zone

19
Q

This type of zoning results in the issuance of a zoning permit that allows a use that is not in compliance with surrounding local zoning already in affect
EX: zoning board might issue this allowing a hospital be built in a residential neighborhood

A

Conditional Use Zoning

20
Q

What are the 2 private regulations of land use?

A
  1. Restrictive Covenants

2. Deed Restrictions

21
Q

Restrict use of real property and usually contained in deed/agreement

A

Restrictive Covenants

22
Q

Established by subdivisions original developers

A

Deed Restrictions

23
Q

What usually affects size or # of buildings, size of lots, cost/type of structure, fende/hedge heights, setback lines, and prohibits against certain types of livestock/usage

A

Deed Restrictions

24
Q

Equitable doctrine that bars a person from acting against another if a complaint has unduly delayed

A

Laches

25
Q

What is it called when govt can be stopped from enforcing a new downsizing ordinance against a landowner, when the owner can show that he has incurred substantial costs after relying upon the govt prior assurances that he had met all zoning requirements?

A

Zoning Estoppel

26
Q

True or False: When property is rezoned, government is NOT required to pay owner for decrease in value

A

TRUE. This is an example of Police Power, not eminent domain

27
Q

Zoning/building codes are an example of what?

A

Police Power

28
Q

Regardless of when the zoning ordinance was adopted or deed restriction recorded, the rule is what:

A

WHICHEVER is more restrictive will apply

REAL ESTATE (14 decks)

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