Land use controls Flashcards
Taxation is a type of what kind of government control
police power
Ad valorem taxes
Are based on the value of the real estate. General property taxes may pay for items such as schools, police, fire, etc. Property tax liens take priority over all other property liens in most states.
Special assessment taxes
Imposed only on properties that benefit from the improvement, such as a tax to install a sewer line or city water line on one specific street. Other examples may include paved streets, curbs, sidewalks, or street lighting. Properties with special assessments may have higher overall taxes than those without.
Eminent domain
The government’s power to take private land for public use.
Taking:
Governmental appropriation of property; a taking may or may not use the power of eminent domain.
Condemnation action
The process of taking title and physical possession of private property using the government’s power of eminent domain; the property owner is paid just compensation for the value of the property.
Inverse condemnation
The government takes private property but fails to compensate the owner; property
owners are forced to file suit to obtain compensation. The taking may be physical through occupation, or
regulatory, where government regulations cause the property to lose economic value.
Escheat
The state’s power to take the property of a decedent who dies without a will, heirs, or creditors.
When the state claims property through escheat, it can dispose of the property to benefit the public.
Police power
The government’s authority, at any level, to do what it can to ensure the health, safety, and welfare of its citizens. Police power includes licensing, public services, zoning, and building codes
Incentive zoning
Allows otherwise prohibited development in return for the developer providing a community benefit.
Bulk zoning
Regulates the density of a given area by requiring certain building height limitations, lot width, setback requirements, etc. Bulk zoning applies to both residential and commercial zoning.
Aesthetic zoning
A way to ensure the visual and architectural consistency of an area.
Downzoning
The process of assigning a lower-density use zone to an area previously allowing a higher density. Density zoning refers to a number of things per unit, such as houses per acre.
Spot zoning
Rezones a specific property for use within another zoning area.
Nonconforming use in zoning
Deviates from current zoning but is grandfathered in (such as a home built years ago in an area that’s now commercially zoned). Don’t assume that a nonconforming use will be permitted to continue after a property changes hands.
Zoning Moratorium
Temporarily halts new property development
Special use permit
Aka a conditional use permit: Allows use that’s not normally permitted but is considered an “allowable” use within that zoning, such as a church or daycare within a residentially zoned area.
conditional use permit
Same as a special use permit
Variance
Aka use variance: Permitted deviation in the zoning ordinance requirements; typically granted when the zoning has created a hardship or burden on the property owner. Both special use permits and variances require a public hearing before they’re granted.
Sunshine Act
Part of federal FOIA act, Each state usually has its
own version of FOIA or a sunshine law. They ensure meetings held by planning and zoning boards must be open to the public because of sunshine laws.
Two types of food zones and what they mean
Base/100-year floodplain or 1% flood chance per year.
Moderate/500-year floodplain or a .2% chance per yer
National Flood Insurance Program (NFIP)
helps homeowners in flood zones obtain affordable flood insurance.
Innocent landowner defense
The Superfunds Amendments and Reauthorization Act (SARA) added an “innocent landowner” defense to CERCLA. Landowners who performed their due diligence when purchasing a property may be held innocent of clean-up liability if the property is found to be contaminated.
Deed Restrictions
Individual owners or grantors of a deed may place deed conditions that apply to that specific property being conveyed. Deed restrictions may run with the land forever or may have a time limit. They must comply with law, such as fair housing.
Covenants, conditions, and restrictions (CC&Rs)
- Subdivision developers or homeowners may set them.
- May take the form of covenants in the property deed or by a separate document referenced in the deed and recorded.
- To maintain specific subdivision standards
- CC&Rs are usually set up to expire
- CC&Rs enforced by HOA that can change them
- A property owner may seek an injunction against another owner who is violating CC&Rs.
restrictive covenants
same as Covenants, conditions, and restrictions (CC&Rs)
covenant
An agreement between the homeowner
and the association.