Land use controls

Question 1

Taxation is a type of what kind of government control

Answer 1

police power

Question 2

Ad valorem taxes

Answer 2

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.

Question 3

Special assessment taxes

Answer 3

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.

Question 4

Eminent domain

Answer 4

The government’s power to take private land for public use.

Question 5

Taking:

Answer 5

Governmental appropriation of property; a taking may or may not use the power of eminent domain.

Question 6

Condemnation action

Answer 6

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.

Question 7

Inverse condemnation

Answer 7

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.

Question 8

Escheat

Answer 8

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.

Question 9

Police power

Answer 9

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

Question 10

Incentive zoning

Answer 10

Allows otherwise prohibited development in return for the developer providing a community benefit.

Question 11

Bulk zoning

Answer 11

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.

Question 12

Aesthetic zoning

Answer 12

A way to ensure the visual and architectural consistency of an area.

Question 13

Downzoning

Answer 13

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.

Question 14

Spot zoning

Answer 14

Rezones a specific property for use within another zoning area.

Question 15

Nonconforming use in zoning

Answer 15

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.

Question 16

Zoning Moratorium

Answer 16

Temporarily halts new property development

Question 17

Special use permit

Answer 17

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.

Question 18

conditional use permit

Answer 18

Same as a special use permit

Question 19

Variance

Answer 19

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.

Question 20

Sunshine Act

Answer 20

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.

Question 21

Two types of food zones and what they mean

Answer 21

Base/100-year floodplain or 1% flood chance per year.

Moderate/500-year floodplain or a .2% chance per yer

Question 22

National Flood Insurance Program (NFIP)

Answer 22

helps homeowners in flood zones obtain affordable flood insurance.

Question 23

Innocent landowner defense

Answer 23

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.

Question 24

Deed Restrictions

Answer 24

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.

Question 25

Covenants, conditions, and restrictions (CC&Rs)

Answer 25

• 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.

Question 26

restrictive covenants

Answer 26

same as Covenants, conditions, and restrictions (CC&Rs)

Question 27

covenant

Answer 27

An agreement between the homeowner

and the association.