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
A use or occupancy incidental or subordinate to the principal use our occupancy
Accessory use
A Latin phrase meaning according to value
Ad valorem
Taking private property for public use to the government’s power of an eminent domain. Also called condemnation
Appropriation
Remains with the land
Appurtenance
Refers to the landowners bundle of rights associated with the property; prohibits discrimination among landowners in a particular area.
As of right zoning
A set of construction standards, requiring builders to use particular methods and materials; regulations a stab wishing minimum standards for construction and materials.
Building code
A type of permit issued to a land owner wants to build, remodel, or alter a building. The land on my submit plans to the building department for approval.
Building permit
A declaration of covenants conditions and restrictions usually recorded by developer to create a general plan of private restrictions for a subdivision.
CC&Rs
Covenant Conditions & Restrictions
Relatively small areas used to track the population of the United States by the US Census Bureau.
Census tract
A permit issued for an existing building that has been altered after all inspections have been made and the renovation property is deemed fit for occupancy.
Certificate of compliance
A permit issued to the builder after all inspections have been made and the property is deemed fit for occupancy.
Certificate of occupancy
Allows developers to provide a varied selection of lot sizes and housing choices within a single area.
Cluster zoning
A written document that identifies goals, objectives, principles, guidelines, policies, standards, and strategies for growth and development of a community. Also called a Master plan.
Comprehensive plan
Taking private property for public use, through the government power of eminent domain. Also called appropriation. _________ is the act; eminent domain is the right. A declaration that a structure is unfit for occupancy and must be closed or demolished.
Condemnation
A person who has died
Decedent
The study of the social and economic status of a given area or population.
Demography
When referenced by zoning requirements, the number of building units per acre or the number of occupants or families per unit.
Density
The loss of a right through undue delay or failure to assert within the timeframe of the statute of limitations.
Doctrine of laches
Describes any potential effects that a development could have on air and water quality, solid waste disposal, traffic, noise, water run off and drainage, school enrollment, energy consumption, wildlife, etc.
Environmental impact statement (EIS)
The loss of a right through undue delay or failure to assert within the timeframe of the statute of limitations.
Doctrine of laches
Describes any potential effects that a development could have on air and water quality, solid waste disposal, traffic, noise, water run off and drainage, school enrollment, energy consumption, wildlife, etc.
Environmental impact statement (EIS)
The loss of a right through undue delay or failure to assert within the timeframe of the statute of limitations.
Doctrine of laches
Describes any potential effects that a development could have on air and water quality, solid waste disposal, traffic, noise, water run off and drainage, school enrollment, energy consumption, wildlife, etc.
Environmental impact statement (EIS)
An individual, or two or more people related by blood, marriage, or adoption living together in one dwelling; or group of three people who are not married, blood relatives, or adopted who live together as a single unit; or one or more people living in a single unit.
Family
A residential facility housing three or more unrelated people within a residential Zone
Group home
Someone entitled to inherit another person’s real or personal property under laws of interstates succession.
Heir
A small business or other occupation carried out in the residence, which is an example of an accessory use.
Home occupation
A system in which by developers receive zoning incentives on the condition that specific physical, social, cultural benefits are provided to the community.
Incentive Zoning
The communities support facilities and services, including roads, parks, sewers, water, schools, as well as fire and police protection.
Infrastructure
Distribution of property to heirs of a person who has died intestate
Intestate succession
When local, state, federal agencies are involved in evaluating the environmental impact of land-use project or activity, one agency, known as a ____ agency, will take the control in overseeing the evaluation.
Lead agency
Temporarily suspend the right of the property owner to obtain developmental approvals while local legislature takes time to consider, draft, and adopt land-use regulations or rules to respond to new or changing circumstances.
Moratorium
A document that shows the location and width of a community streets, highways, drainage systems, and parks.
Official map
A PUD is a type of subdivision in which developers do not have to comply with all standard zoning and subdivision regulations.
Planned unit development PUD
A detailed survey map of a subdivision, recorded in the county where the land is located. Subdivided property is called a_____ed property.
Plat
Restriction imposed on property by a previous owner or the subdivision developer; a restrictive covenant or condition in a deed.
Private restriction
An amendment to a zoning ordinance, usually changing the uses allowed in a particular zone.
Rezone
Rights, conditions, or restrictions that are associated with the property as opposed to the individual who owns the property. They passed from owner to owner when the land is conveyed.
Runs with the land
The legal distance that a building must be from a designated position such as a property line; determined by ____ requirements.
Setback
Usually part of a site plan, this document locates and measures the boundaries of the property and identifies improvements, encroachments, and easements associated with the land.
Survey
State and local laws that must be complied with before land can be subdivided.
Subdivision regulations
