Governmental Powers/Interests Flashcards
Example of Police Power. See Back.
A large area of previously undeveloped land consists of 27 different parcels and is located near the location of a new highway. The land is incorporated into the city limits of Cedar City. The city council conducts the appropriate public hearings on the use of the land and ultimately decides to zone most of the area for residential use and a smaller section for commercial use. Because of its proximity to the highway, the commercially zoned area will keep heavy traffic away from the residential area. Years earlier, all the land was farm land and similarly valued. As a result of the zoning, however, a parcel zoned for commercial use will most likely become far more valuable than a similarly sized parcel zoned for residential use.
Example of Taking. See Back.
One method used to determine just compensation is the before-and-after method. This method is used primarily where a portion of an owner’s property is seized for public use. The value of the owner’s remaining property after the taking is subtracted from the value of the whole parcel before the taking. The result is the total amount of compensation due to the owner.
What is Taking?
The process by which the government seizes a private property for public use and fairly compensates the property owner as seen in the 5th amendment.
What does the 5th amendment promise?
“Nor shall private property be taken for public use without just compensation.”
In which Amendment(s) does it state that property owners are protected under due process of law?
5th and 14th amendments
Individual ownership are subject to certain powers of state, local, and federal and benefit the community. Therefore supersede the rights or interest of the individual. This is the definition of?
Governmental Powers.
Zoning ordinances, environmental protection laws, building codes that regulate max capacity, size, location, and construction of real estate is governed by what?
Police Power.
In what type of governmental power is Taking used?
Eminent Domain.
What is Eminent Domain?
Governmental power that gives the government the right to seize private property for public use through judicial and administrative proceedings.
What does PETE stand for?
Police Powers, Eminent Domain, Taxation, Escheat
What does the T stand for in PETE?
Taxation. Taxation is enforced on real estate to finance governmental facilities and services like schools and roads.
Taxes on real estate inlcude?
Annual taxation on real estate for the government faculties like schools, and transportation
Taxes on realized profits from selling property
Special Fees used on special projects like roads, and utilities
What is Escheat?
Privately own or personal property will be seized by the state or county by which the estate sits. This is only if the owner dies without a will or living trust to distribute the estate. This is to make sure that estates do not go ownerless or abandoned.
Match the definitions with the appropriate concepts.
- Transfer to the state when an owner dies and no heir can be found.
- Building codes
- Zoning
- Taking private land through condemnation
- Escheat
- Police Powers
- Police Powers
- Eminent Domain
Condemnation is the right of the government to acquire privately owned real estate for public use. Eminent domain is the process by which the government exercises this right, by either judicial or administrative proceedings. T/F?
False. Condemnation is the process by which Police Powers exercise Eminent Domain
