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.
What does the TREC promulgated contract addendum for environmental inspections allow a buyer to do?
To obtain an environmental inspection of the property and to terminate a contract if there has been a discovery indicating an environmental hazard that would affect the use of the property.
Bundle of Rights
When someone owns a parcel of real estate, he or she also has a set of legal rights that are attached to the ownership of that parcel. These rights, which have value and can be sold
Over time, the control of land use has come to focus on certain core purposes. These are:
Perseveration of property values
Promotion of the highest and best use of property
Balance between individual property rights and the public good
Control of growth to remain within infrastructure capabilities
Individual deed restrictions
limits on how the property may be used. Restrictions are also known as “covenants, conditions and restrictions” or CCRs
Restrictive Covenants
limitations placed on the use of land by the developer of a residential subdivision. The purpose of these covenants is to preserve and protect the quality of land in subdivisions and to maximize land values by requiring the homogeneous use of the land by purchasers.
Injuction
An injunction prevents the owner or owners from using a property in a way that is contrary to the recorded restrictions. It can also order the removal of a use that has already been implemented.
property owners can enforce the covenants by taking a court action known as an injunction
Restrictive covenants may be terminated in any of these ways:
The time period of the covenant expires.
The property owners vote to end the restrictions.
The character of the subdivision changes making it more suitable for other use.
The property owners choose not to follow the original plan by violation their own restrictions
Public land use controls are much broader. These controls include
Police power over zoning ordinances, building codes, subdivision regulations, eminent domain, environmental restrictions.
Taxation
Escheat
Public ownership
government ownership of lands, streets, public buildings, utilities, and other business enterprises
Eminent domain
asserting that the state has ultimate control over lands and buildings within its borders.
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
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.
Building Codes
allow the county and municipality to protect the public against the hazards of unregulated construction. Building codes establish standards for virtually every aspect of a construction project, including offsite improvements such as streets, curbs, gutters, drainage systems, and onsite improvements such as the building itself
Building Permit
gives permission for the construction or renovation of a building or improvement. Building permits are required for both residential and commercial properties.
certificate of occupancy (CO)
officially clears the property for occupation and use.
