Land Use Controls & Regulations

Question 1

Government’s Rights in Land

Answer 1

1. Police Power;
2. Eminent Domain;
3. Collect property taxes and special assessments;
4. Escheat

PETE

Question 2

Police Power

Answer 2

1. Enacts and enforces laws governing land use – public control of land;
2. Examples include zoning, building codes, planning, and safety codes;
3. Enforced by requiring building permits, building inspections, certificates of occupancy, and so forth

Question 3

Eminent Domain

Answer 3

1. Eminent domain is the right to “take” private land for public use;
2. Condemnation is the process;
3. Fair compensation includes property value plus damages;
4. Inverse condemnation - an owner initiates a court action seeking the government to pay fair compensation when her property has been substantially interfered with

Question 4

Collect Property Taxes and Special Assessment

Answer 4

1. Property Taxes - ad valorem (assessed value, NOT current market value); tax rate may be expressed as a mill rater, percentage rate, or decimal; properties are reassessed on an annual basis; orioerty owners that believe the assessment is incorrect may appeal to the assessor’s appeal board
2. Special Assessments - lien against specific properties that benefit from a public improvement (paid with property taxes and enforced by a lien, reading an assessment roll will tell if there is a special assessment lien on the property);
3. Property taxes and special assessments take priority over ALL other liens

Question 5

Escheat

Answer 5

Government’s reversionary right; abandoned property or property of intestate owners with no heirs may revert to the government

Question 6

Nonconforming Use

Answer 6

Allows an owner to continue present use that no longer complies with current zone (grandfathering); typically, cannot expand or rebuild if property is destroyed

Question 7

Variance

Answer 7

Allows an individual owner to vary or deviate to prevent economic hardship (used when an owner wants to vary from building codes or build into a setback)

Question 8

Special (Conditional) Use

Answer 8

Specific type of variance allows a different use (e.g., day care in residential zoning); allows the owner to deviate from zoning regulations, not from deed restrictions or building codes; buyers who wish to continue the use or are not sure if a use is allowed should check with the zoning department prior to buying

Question 9

Building Codes

Answer 9

Deal with structural integrity and safety of a building (e.g., minimum number of bathrooms per square foot in a commercial building)

Question 10

Certificate of Occupancy

Answer 10

Is issued when a new building is ready for occupancy

Question 11

Environmental Issues

Answer 11

All known environmental issues may impact value and must be disclosed by the seller and the broker or salesperson

1. Asbestos
2. Lead-based paint;
3. Radon;
4. Carbon monoxide;
5. Mold

Question 12

Asbestos

Answer 12

Mineral used in building that can cause respiratory disease; if a building is being demolished or renovated, abatement (removal) should be done by a licensed professional prior to demolition; encapsulation (sealing in place) is often a better choice than removal because there is no danger of exposing the fibers

Question 13

Lead-Based Paint

Answer 13

The seller must give a copy of the EPA pamphlet to buyers of homes that were built prior to January 1, 1978; buyers have a 10 day opportunity to have the home tested and may waive their right to have an inspection; the seller is not required to do a lead inspection or removal

Question 14

Radon

Answer 14

A naturally occurring odorless radioactive gas

Enters through cracks in the basement and can cause lung cancer; typically mitigated by adding a ventilation system to move gas outside; relatively inexpensive to detect and mitigate

Question 15

Carbon Monoxide

Answer 15

Odorless gas that is the by-product of combustion

If combustable appliances, furnaces, and wood stoves are working properly and have proper ventilation, CO is not an issue

Question 16

Mold

Answer 16

Toxic mold is created by excess moisture; can be remediated; all sellers must disclose if there is a mold issue

Question 17

Other Environmental Issues

Answer 17

Formaldehyde, chlorofluorocarbons, electromagnetic fields, and methamphetamine labs

Question 18

Environmental Impact Statement (EIS)

Answer 18

1. An EIS is a report that assesses the probable impact on the environment of a proposed project;
2. Environmental issues may impact value, and disclosure of the fact an EIS is being done would be required, even if the report is not finalized

Question 19

Riparian Rigths

Answer 19

Incidental to ownership of land abutting flowing water (stream or river)

Question 20

Littoral Rights

Answer 20

Incidental ownership of land abutting water that is not flowing (lake or ocean)

Question 21

Doctrine of Prior Appropriation

Answer 21

The first user diverting to beneficial use has the first claim on the water