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CA Real Estate - State Test Topics > Government Powers > Flashcards

Government Powers Flashcards

1
Q

The power of the state to enact laws within constitutional limits to promote the order, safety, health, morals and general welfare of our society.

A. Police Power
B. Taxation
C. Eminent domain
D. Escheat

A

A. Police Power

Police Power
• Government’s authority to regulate the health, safety, welfare, and morals of its citizens.
• This power allows the government to make and enforce laws and regulations for the safety, health, and welfare of the public.
• Zoning regulations, building codes, and fire codes are all enacted under the government’s police power.
• Subject only to restrictions set by the State Legislature
• When there is no state law allowing them to do so, both cities and counties can pass laws regulating the use of land.

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2
Q

Right of the government to tax the owners of private property to raise revenue for both general purposes and special assessments.

A. Police Power
B. Taxation
C. Eminent domain
D. Escheat

A

B. Taxation

  • Right of the government to tax the owners of private property to raise revenue for both general purposes and special assessments.
  • Most property taxes are based on value and are known as ad valorem taxes (According to Value).
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3
Q

• Right given to government to TAKE private real estate for public use with just compensation.

A. Police Power
B. Taxation
C. Eminent domain
D. Escheat

A

C. Eminent domain

  • Right given to government to TAKE private real estate for public use with just compensation.
  • Process used is Condemnation.
  • Usually requires an appraisal.
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4
Q

All private ownership of real estate is subject to the legitimate powers of government except:

  1. Police Power
  2. Taxation
  3. Eminent Domain
  4. Condemnation
A
  1. Condemnation - Is not a power of government, but the process used for government to take property with just consideration.

Police Power
• Government’s authority to regulate the health, safety, welfare, and morals of its citizens.
• This power allows the government to make and enforce laws and regulations for the safety, health, and welfare of the public.
• Zoning regulations, building codes, and fire codes are all enacted under the government’s police power.
• Subject only to restrictions set by the State Legislature
• When there is no state law allowing them to do so, both cities and counties can pass laws regulating the use of land.

Taxation
• Right of the government to tax the owners of private property to raise revenue for both general purposes and special assessments.
• Most property taxes are based on value and are known as ad valorem taxes (According to Value).
• Reference Property Tax Q and A Session.

Eminent domain
• Right given to government to TAKE private real estate for public use with just compensation.
• Process used is Condemnation.
• Usually requires an appraisal.

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5
Q

You own a property along a major street. The city has announced that it is widening the street and will take ten feet of your front yard for that purpose. The process of taking of your land by the city, with appropriate compensation is called:

A. Eminent domain
B. Foreclosure
C. Involuntary seizure
D. Condemnation

A

D. Condemnation

  • Eminent domain – The right of the government to take private property for public use. The RIGHT.
  • Condemnation – The act of the government taking private property for public use. This is the ACT or PROCESS of taking.
  • Right versus Act
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6
Q

Process by which private property reverts to the government when the owner dies without a Will (Testate) and without heirs:

A. Police Power
B. Taxation
C. Eminent domain
D. Escheat

A

D. Escheat

Process by which private property reverts to the government when the owner dies without:
• Writing a Will (Testate) or Heirs.
• In California without a will assets are distributed by Intestate Succession.
• Without a will and don’t have any family, your property will “escheat” into the state’s coffers.
• Very rarely happens.
• Laws are designed to get your property to anyone who was even remotely related to you.
• For example, your property won’t go to the state if you leave:
• Spouse, children, siblings, parents, grandparents, aunts or uncles, great uncles or aunts, nieces or nephews, cousins of any degree, or the children, parents, or siblings of a spouse who dies before you do.

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7
Q

Which of the following would be a government restriction on the use of real estate?

A. Zoning
B. Deed restrictions
C. An encroachment
D. Lease covenants

A

A. Zoning

  • Deed restrictions and lease covenants are private controls on real property put in place by the owner
  • Zoning, taxation, health and safety laws, and building codes are put in place by the government
  • Escheat would be dying intestate or abandonment
  • Encroachments – Trespass on property by a thing, not a person
Remember: 
P olice Power
E minent Domain
T axation
E scheat
E nvironmental
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8
Q

Regarding environmental hazards on residential
property, which statement is correct?

A. The seller should give a copy of the Environmental Hazards booklet to the buyer.
B. The seller must disclose any known environmental hazards to the buyer.
C. The seller must complete and give the Transfer Disclosure Statement to the buyer.
D. All of the statements are correct.

A

D. All of the statements are correct.

  • Seller or Listing agent should give a copy of the Environmental Hazards booklet to the buyer
  • Seller must disclose any known environmental hazards on the TDS and give it to the buyer
  • If seller or agent has actual knowledge of environmental hazards on or affecting the subject property, that information must be disclosed on the TDS form.
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9
Q

The law giving the city or county authority to control the orderly and proper development of the community is called the:

A. Subdivision Map Act
B. Subdivided Lands Law
C. City and county ordinances
D. Unruh Act

A

A. Subdivision Map Act

Subdivision Map Act
• When developers divide parcels of land into lots
• Required by the California Subdivision Map Act to:
• record a subdivision map or plat map.
• shows location & boundaries of each separate lot
• recorded in the county recorder’s office
• in the county where the property is located

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10
Q

Which California state law requires the preparation of a public report for all major subdivisions?

A. Subdivision Map Act
B. Rumford Act
C. Interstate Land Sales Full Disclosure Act
D. Subdivided Lands Law

A

D. Subdivided Lands Law

  • Developer must submit public report to the DRE
  • DRE Approves the Public Report
  • Prior to approval, DRE issues preliminary public report.
    • Developer can only accept lot reservations
    • All Deposits are refundable
  • Final public report developer can sell properties.
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CA Real Estate - State Test Topics (23 decks)

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