Control of Land Use Flashcards
Define “as-of-right zoning”
This term refers to those uses that are automatically allowed by the zoning code.
A contractor owns a lot in a residential area. He built a single-family home without having to get special permission. Why was he able to do this?
An ‘as-of-right’ use of that lot
Here are the core purposes of a certain type of control: preservation of property values, control of growth to remain within infrastructure capabilities, and promotion of the highest and best use of the property. What type of control is this?
Control of land use
If a property owner dies with no heirs and no one qualifies to receive the property, what happens to the property owner’s real property?
The state will use the power of escheat to claim the property
What clause states that private property cannot be taken for public use without just compensation?
The taking clause
A public entity must justify its use of eminent domain in court by demonstrating the validity of what?
Intended public use and the resulting “public good” or “public purpose” that will be served
What makes it possible for there to be a free exchange of development rights without having to buy or sell land?
Transfer of Development Rights
What is a type of zoning in which density is determined for an entire area, rather than on a lot-by-lot basis?
Cluster zoning
What does the term “Sunshine Law” mean?
It means that governmental meetings must be known/open to the public
A planned unit development (PUD) is a housing concept that produces what?
- Maximum use of open spaces
- Greater development flexibility
- High density of residential housing units
Nonconforming use is different than what?
Current zoning
What’s the purpose of the Interstate Land Sales Full Disclosure Act?
To prevent fraud in marketing land that can be sold sight unseen
A developer wants to sell lots in several states through interstate commerce. An act demands that the developer must furnish each purchaser with a copy of an effective Property Report before the purchaser signs a purchase or lease contract. What is this act called?
Interstate Land Sales Full Disclosure Act
Bill bought a property for investment. During the inspection process, the heating equipment proved to be faulty. In this situation, Bill should have been very concerned about what?
Carbon monoxide
What does the TREC promulgated contract addendum for environmental inspections allow a buyer to do?
To obtain an environmental inspection of the property and to terminate a contract if there has been a discovery indicating an environmental hazard that would affect the use of the property.
What are CCRs ?
(What does the abbr. stand for)
Covenants, Conditions, and Restrictions
What is ‘Public Ownership’ ?
It is government ownership of lands, streets, public buildings, utilities, and other business enterprises.
*Theory holds that all land/ resources belong to the people and therefore to the government.
Covenant
A guarantee included in a deed to benefit a property that’s sold
-or-
to benefit a property that’s kept when an adjoining property is sold.
Conditions
Deed restrictions that provide for a reversion of title if they’re violated.
Restrictive covenants
Limitations placed on the use of land by the developer of a residential subdivision.
Injunction
A court action preventing an owner from using their property in a way that violates the recorded restrictions
Doctrine of Laches
(regards to property rights)
States that if a property owner is lax (not strict) in protecting their rights, the property owner may lose those rights.
Testate vs Intestate
Testate is when a property owner dies with a valid will in place.
Intestate is when a property owner dies without a valid will.
Escheat
Gives government right of ownership over property when a property owner dies without a will or descendants.
Eminent domain
The right of government to acquire property, for a public purpose, after paying ‘just compensation’.
Condemnation Suit
What a public entity must initiate to acquire a property by eminent domain.
‘Taking Clause’ in regards to Eminent Domain:
A clause in the Fifth Amendment which says that private property cannot be taken for public use without ‘just compensation’.
Zoning ordinance
A regulation (enacted by the local government) to specify land usage for every parcel within the jurisdiction.
Incentive zoning
Allows developers to provide specific amenities and benefits in exchange for zoning incentives.
Cluster zoning
Zoning in which density is determined for an entire area, rather than on a lot-by-lot basis.
Sunshine law
Law that mandates that meetings of governmental agencies and departments be open to the public.
Transfer of development rights (TDR)
Protecting land by transferring the “right to develop” from one area to another.
Down Zoning
Changing allowed density to higher number of units per acre.
Moratorium
(in regards to property development)
A temporary halt/suspension in the development of a property.
Spot zoning
Singling out a small area of land or section in an existing neighborhood and placing in a different zone from that of neighboring property.
Survey
Official document giving the dimensions and showing the property boundaries.
Topography
Physical features and contours of land.
Nonconforming Use
Use of a property that clearly differs from current zoning.
Legal nonconforming use
When an existing property use is in violation of a new ordinance.
Illegal nonconforming use
When a property use conflicts with existing ordinances.
Special use permit
Authorization for use that is inconsistent with the zoning ordinance but is beneficial/essential to the public and does not materially impair other uses in the zone.
Zoning variance
Allowing a property use that differs from the applicable ordinance for a variety of justifiable reasons.
Use variance
Permission to use the land for a purpose not allowed by the current zoning.
Area variance
Permission to vary one or more of the dimensional/physical requirements of the applicable zoning law, code, or ordinance in connection with some proposed construction.
