Governmental Factors Flashcards
These laws deal with police power that governments to reserve for themselves.
Right to regulate laws
These laws deal with taxes, and although they are primarily past to raise revenue, they can have other effects on real estate as well.
Revenue-generating laws
The constitutional power of the state and local governments to enact and enforce laws that protect the public’s health and safety, morals and general welfare. Many____Powers fall under the states authority but they often delegated to local governments.
Police power
Are any public or private restrictions on how land I may be used and are usually government enacted zoning laws.
Land-use Controls/zoning
Local ordinances dividing city, town, etc. into zones, allowing different types of land use in different zones. these laws and other laws restricting land usage i.e. building codes, I passed to protect the health, safety, and welfare of the community.
Zoning laws
The government’s constitutional power to operate/condemn/private property for public use as long as the owner is paid just compensation.
Eminent domain
Means that the property reverts to the states after a person dies without leaving a valid well and without heirs.
Escheat
Restrictions to protect wildlife, endangered species, wetlands, or to protect against pollution or hazardous waste.
Environmental protection laws
remains with the land when the land is sold.
Appurtenance
These bend the rules regarding building size, height limits, setbacks, side yards, and so on, and maybe granted so the owner can avoid practical difficulties.
Area variances
These permit property owners to use land in a way not allowed in that zone, and cannot be granted unless the owner would otherwise suffer unnecessary hardship.
Use variances
These allow landed to be used in a way that doesn’t comply with the zoning laws because it benefits the public.
Conditional uses
This occurs when the government choirs property for public use by appropriation. In this case property is regulated by government authority to the economic detriment of the owner, without compensation.
Taking
This law/act requires a state environmental quality review to assess the environmental impact of any activity or action approved by a state agency or unit of local government.
State Environmental Quality Review Act
SEQRA
Overseas public recreation areas,
Administers federal and state preservation projects
Receives federal grants for historic preservation.
(The field services Bureau of )the Office of Parks, Recreation and Historic Preservation
This New York Code Sets forth the construction, materials, safety, and sanitary standards for buildings in New York.
The New York uniform fire prevention and building code
This is usually illegal because it benefits or restrict certain owners without justification.
Spot zoning
These are establish uses that violate new zoning laws, but must be allowed to continue since the used was established before the zoning was enacted.
(sometimes being called “grandfathered in”)
Nonconforming uses
This act requires land developers to:
-Register subdivisions of 100 or more nonexempt lots with the Department of Housing and Urban Development HUD when marketing the land across state lines.
Interstate land sales full disclosure act of 1968
Provisions in a deed or other document that make parties’ rights and obligations dependent on the occurrence or not occurrence of some of it. When an owner transfers a deed with _______, the grantees title is contingent on the ______.
Conditions
Promises or guarantees in a deed or other document. Restrictive ______ are binding promises about land-use and can cover the same items as conditions. Breaking a _____ doesn’t mean that you could lose title to the land.
Covenants
These are also known as restrictive covenants
Deed restrictions
Setting a termination date
Releasing the owner from the covenant
Abandoning the property
Changing the circumstances of the property and/or the owner
Ways to terminate restrictive covenants
The complete bundle of rights belonging to the owner
Absolute
Parcels of land directly contiguous, sharing at least one common boundary
Abutting property
An apartment with a primary residence
Accessory apartment