Land Use Controls and Regulations Flashcards
A deed restriction would apply to the: A » current owner only B » present and future owners C » original developer D » homes association
B » present and future owners
Private land uses are normally dictated by: A » title insurance B » appraisers C » private deed covenants D » judges
C » private deed covenants
Define Title Insurance
Insures the title to a particular piece of property
A developer would like to restrict the usage of the land in a particular development. He would do this through a: A » covenant in the deed B » city restriction C » deed of trust D » mortgage
A » covenant in the deed
Mr. X bought a house in an area that restricted fences. He then bought a dog and began constructing a fence. What remedies do the neighbors have? A » Eminent domain B » Police power C » File a private suit in court D » Building code enforcement
C » File a private suit in court
What is the purpose of a private deed restriction?
A » To control the use of a property for a maximum of 25 years
B » To control the zoning of the property in the future
C » To control ownership of property in the future
D » To control permitted uses of the property
D » To control permitted uses of the property
Define Zoning
The regulation of structures and uses of property within designated areas
The authority the government has to require that all buildings for human living have restrooms is called: A » eminent domain B » taxation C » police power D » escheat
C » police power
Note: Police power is where the government keeps things in order; e.g., zoning ordinances and building codes - restrooms would fall under this.
Define Escheat
The right of the government to take private property when an owner dies intestate (no will) and has no heirs; also applies if owner abandons the property
The right of the government to keep things in order and provide for the health, safety and welfare of the general public is called: A » taxation B » escheat C » police power D » eminent domain
C » police power
The purpose of laws allowing for the state to take property through escheat is to:
A » allow the property to be purchased cheaply by the state
B » provide for more public land
C » prevent land from becoming ownerless
D » allow for the assessment of taxes
C » prevent land from becoming ownerless
A city wanted to take land as the space was needed to install a cloverleaf, allowing easier access to an interstate highway. The owner of the property refused to sell to the city. As a result of this, the city started the process of acquiring the property against the owner's wishes. This process is referred to as: A » condemnation B » eminent domain C » escheat D » police power
A » condemnation
Define Condemnation
The PROCESS used to take the property when the government exercises the right of Eminent Domain.
The government telling people how to use their property in order to protect the public would be an example of: A » police power B » taxation C » escheat D » eminent domain
A » police power
A person dies with no valid will and no heirs. The state government could claim ownership of this property through what government right? A » Eminent domain B » Taxation C » Escheat D » Police power
C » Escheat
Which of the following would be true regarding special assessment taxes?
A » These are also called ad valorem taxes
B » If not paid, the property could be sold at a foreclosure sale
C » They are paid one time at closing
D » They are generally for the good of the entire community in raising money for police and fire protection
B » If not paid, the property could be sold at a foreclosure sale
A person owns a property in an improvement district. An assessment roll has been confirmed for that area. The owner is in the process of selling the property. A buyer should be informed that:
A » there will be future rezoning of the property
B » this property will be subject to a special assessment tax
C » building codes on this property will be stricter in the future
D » the general assessment taxes will be higher in the future
B » this property will be subject to a special assessment tax
Define Subject To
An assignment of a loan from the seller to the buyer where the seller remains solely liable for debt
Define General Assessment
Tax on land plus improvements; pays for school, police and fire protection, etc.
Improvements that benefit certain properties where only those improved property owners pay for the improvements are normally paid through a: A » general assessment tax B » special assessment tax C » one time charge to the owners D » bond issue
B » special assessment tax
Define Bond
Creates the debt; a promise to pay back money that was borrowed; also referred to as a promissory note
What kind of value does the government use in raising money for operations? A » Appreciated value B » Depreciated value C » Assessed value D » Original purchase price
C » Assessed value
Six miles of curbs and gutters were installed to improve the properties in a certain area. The properties that were improved would most likely pay for the improvements through a: A » benevolent city fund B » special assessment tax C » general assessment tax D » improvements tax
B » special assessment tax
Which would be the best example of a buffer zone?
A » Garden apartments between a residential area and shopping center
B » A warehouse between two office parks
C » An office park between two residential properties
D » A residential property between two office parks
A » Garden apartments between a residential area and shopping center
Define Buffer Zone
An area separating two incompatible areas
What is the purpose of a master plan?
A » To insure safety in construction
B » To guide in the future development of cities
C » To give developers a way to make subdivisions uniform
D » To allow cities a way to acquire private property in the future if needed
B » To guide in the future development of cities
Where would one look to find out what type of structure is allowed to be built on a certain piece of ground? A » Title policy B » Plat map C » Abstract D » Zoning ordinances
D » Zoning ordinances
Define Abstract
Written history of property
What is the purpose of zoning regulations?
A » To allow for taxation on real estate
B » To allow the government to take private property for public good
C » To determine the type of construction materials that can be used in a certain area
D » To implement the master land plan
D » To implement the master land plan
Define Master Land Plan
Plan for a cities future growth
A person builds a building without a building permit. What is the worst thing that could happen in this situation?
A » The city would give the person an after the fact building permit
B » The city would make the person tear the building down
C » The city would make the person bring the building up to city code
D » The person could apply for a variance
B » The city would make the person tear the building down
Define Variance
After zoning; this is a small deviation in the current zoning law that still conforms to the over all general plan for the area. Variances are generally granted for things like setback requirements, front footage requirements, etc.
If all factors regarding zoning, supply, demand, etc., were the same, for what type of property would a parking lot be the most valuable?
A » A property zoned for a 2-story apartment building
B » A property zoned for a house
C » A property zoned for a 3-story warehouse
D » A property zoned for a 6-story office building
D » A property zoned for a 6-story office building
Note: this is determined due to the density of people that would use the building.
A six-unit apartment complex in an area that is zoned R-1 for single family residential property only would be an example of a: A » variance B » non-conforming use C » building code D » master land plan
B » non-conforming use
Note: Non-conforming use (Before Zoning) Variance (After Zoning)
Define Non-Conforming Use
Before zoning; similar to a grandfather clause; allows continued use of a property that is technically in violation of the current zoning law because the owner was using the property a certain way before the zoning change. Property can be sold as non-conforming use if buyer uses it the same as the seller had; however, if property burns down, generally property then must conform to the new, current zoning use.
Which of the following would be the BEST example of a buffer zone?A » An agricultural property between multi-family dwellings and a commercial property
B » A single family property between two commercial properties
C » A single family property between a multi-family dwelling and a commercial property
D » A park between a high-rise apartment building and an industrial area
D » A park between a high-rise apartment building and an industrial area
Note: A buffer zone is primarily to separate residential property from commercial property; therefore, a park between an apartment and industrial use is the best answer.
