Land Use Flashcards
Define “as of right zoning.”
This term refers to those uses that are automatically allowed by the zoning code. They are allowed “as a matter of right.”
What do deed restrictions do?
Deed restrictions place limits on how the property may be used.
What are restrictive covenants?
Restrictive covenants are limitations placed on the use of land by the developer of a residential subdivision.
What is the Doctrine of Laches?
This doctrine states that if a property owner is lax in protecting his or her rights, the property owner may lose those rights.
What are some examples of the exercise of police power?
Zoning ordinances Building codes Subdivision regulations Eminent domain Environmental restrictions
What does eminent domain allow a government to do?
Eminent domain allows a government entity to purchase a fee, leasehold, or easement interest in privately owned real property for the public good and for public use, regardless of the owner’s desire to sell or otherwise transfer any interest. In exchange for the interest, the government must pay the owner “just compensation.”
What is a “taking?”
A “taking” refers to the “taking clause” of the Fifth Amendment which says, in part, that private property cannot be taken for public use without just compensation.
What do building codes address?
Architectural and engineering standards
Construction materials standards
Building support systems such as life safety, electrical, mechanical, and utility systems
What is cluster zoning and what is its benefit?
Cluster zoning is a type of zoning in which density is determined for an entire area, rather than on a lot-by-lot basis. Within the cluster zone, the developer has greater flexibility in designing and placing structures so long as the overall density requirement is met.
What is a moratorium?
A moratorium is a temporary suspension of the development of a property.
Give an example of a legal and illegal nonconforming use.
Legal: A motel is situated in a residential area that no longer allows commercial activity. The zoning board rules that the motel may continue to operate until it is sold, destroyed or used for any other commercial purpose.
Illegal: That same motel is sold, and the new owner continues to operate the property as a motel.
What is the difference between a use variance and an area variance?
A use variance gives permission to use the land for a purpose not allowed by the current zoning. An area variance permits the variance of one or more of the dimensional or physical requirements of the applicable zoning law, code or ordinance in connection with some proposed construction.
What does the Interstate Land Sales Full Disclosure Act say that developers must give to potential buyers and lessees?
Developers must provide a buyer or lessee with a printed property report, which gives specific information about the property, before the buyer or lessee signs a purchase contract or lease.
What does Texas require of any home that has been cleaned of mold?
Texas law requires that any home that has been cleaned from mold must provide that information in a disclosure for the next five years after the remediation.
What is meant by CERCLA’s innocent landowner defense?
This was based on the idea that in some cases a landowner in the chain of ownership could have been innocent of any wrongdoing and should not be held liable.