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Real Estate > Land-Use Regulations and Environmental Issues > Flashcards

Land-Use Regulations and Environmental Issues Flashcards

1
Q

asbestos

A

a mineral once used in insulation and other materials that has been linked to respiratory diseases

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2
Q

building codes

A

regulations established by state and local governments setting forth the structural requirements for building

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3
Q

building permit

A

a document of authorization issued by a local government when an individual or company wants to build a new structure or begin construction on an existing structure for expansion or repair.

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4
Q

carbon monoxide

A

a colorless, odorless gas that occurs as a by product of fuel-burning

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5
Q

CERCLA

A

Comprehensive Environmental Response, Compensation, and Liability Act

a federal law administered by the EPA that establishes a process for identifying parties responsible for creating hazardous waste sites, forcing liable parties to clean up toxic sites, bringing legal action against responsible parties, and funding the abatement of toxic sites

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6
Q

certificate of compliance

A

Inspector’s statement that property is fit for human habitation

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7
Q

certificate of occupancy (CO)

A

document issued by a municipal authority stating that a building complies with building, health, and safety codes and may be occupied

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8
Q

condemnation

A

court action by which government takes private property, exercising the right of eminent domain

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9
Q

deed restriction

A

a restriction imposed by a private party in a deed for the purpose of protecting certain features that add value to the property

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10
Q

Department of Environmental Protection

A

NJ agency that oversees natural resources and regulates certain activities

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11
Q

eminent domain

A

the right of a government or quasi-public body to acquire property for public use through a court action called condemnation

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12
Q

escheat

A

the reversion of property to the state, on the owner’s dying without legal heirs.

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13
Q

exclusionary zoning

A

illegal practice of keeping low-income and moderate-income families out of suburban communities

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14
Q

inverse condemnation

A

when a government takes a property for public use that greatly damages the value of the plaintiff’s property

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15
Q

lead-based paint

A

paint used up until 1978 that can cause damage to kidneys, nervous system, brain, and red blood cells

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16
Q

master plan

A

primary method by which local governments recognize development goals

AKA general plan

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17
Q

nonconforming use

A

a building that does not conform to the zoning use because it was erected before the enactment of the zoning law

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18
Q

urea-formaldehyde insulation

A

a material first used in insulation in the 1970s, which can leak gas and become trapped in the interior of a building

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19
Q

police power

A

power vested in a state to establish legislation to preserve order, protect public health & safety, and promote general welfare

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20
Q

radon

A

radioactive gas produced by the natural decay of other radioactive substances

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21
Q

variance

A

permission obtained from zoning authorities to build a structure or conduct a use that is expressly prohibited by the current zoning laws; an exception from the zoning ordinances.

22
Q

zoning ordinances

A

laws of local government authorities that regulate and control the use of land and structures within designated districts (zones)

23
Q

the ownership rights a person possesses in a parcel of real estate are subject to public and private land use controls such as ____

A

zoning ordinances, building codes, and deed restrictions

24
Q

restrictive covenant

A

a statement imposing a restriction on the use of land so that the value and enjoyment of adjoining land will be preserved

25
Q

when a deed restriction and a zoning provision cover the same subject,______

A

the more limiting restriction will prevail

26
Q

can subdividers/developers enforce deed restrictions?

A

yes, through court action

27
Q

in the case of eminent domain, the taking of real estate for public use must be_______

A

for the public good and the owner must receive just compensation

28
Q

if owner does not agree to the taking of property, or a fair price cannot be agreed upon, then

A

a condemnation suit can be initiated

29
Q

What are the four government powers in land-use regulations?

A
  1. police power
  2. eminent domain
  3. taxation
  4. escheat
30
Q

taxation

A

a charge to raise funds to meet the public needs of a government

31
Q

zoning regulates and affects things such as

A
  1. uses of land
  2. lot sizes
  3. types of structures permitted
  4. building heights
  5. setbacks (minimum distance from street to structure)
  6. density (ratio of land are to structure area/population)
32
Q

five classifications of land

A
  1. residential
  2. commercial
  3. industrial
  4. institutional
  5. recreational
33
Q

multiple-use zoning

A

permit planned unit developments

34
Q

buffer zone

A

buffers the impact of one zone to another

35
Q

greenbelt

A

natural, undeveloped, and/or agricultural lands that surround urban areas

36
Q

building envelope

A

a defined portion of a lot where building construction will be permitted, or other activities as described on the plan

37
Q

setback

A

the distance a house or structure must be from the front, side and rear property lines

38
Q

subdivision regulations

A
  1. location, grading, alignment, etc
  2. installation of sewers
  3. minimum dimensions of lots
  4. building and setback lines
  5. areas to be reserved/dedicated
  6. easements for public utilities
39
Q

encapsulation

A

sealing off disintegrating asbestos that may be preferable to removal in certain circumstances

40
Q

Lead-Based Paint Hazard Reduction Act

A

persons selling or leasing residential housing constructed before 1978 must disclose the presence of known lead-based paint and provide purchasers or lessees with any relevant records or reports.

41
Q

When was the use of urea-formaldehyde foam insulation banned?

A

in 1982 by the Consumer Product Safety Commission

42
Q

electromagnetic fields

A

a potentially hazardous form of radiation caused by movement of electrical currents (high-tension power lines)

43
Q

groundwater contamination

A

ground water that gets contaminated can threaten supply of clean water for private wells or public water systems

44
Q

Underground storage tanks

A

neglected fuel tanks can leak hazardous substances into the environment

45
Q

a landowner is liable under CERCLA when_________

A

a release or a threat of release of a hazardous substance has occurred on their property

46
Q

superfund

A

the $9 billion fund allocated to cleaning up uncontrolled hazardous waste sites and respond to spills established by CERCLA

47
Q

strict liability

A

owner is responsible to the injured party without excuse

48
Q

joint and several liability

A

each individual owners is personally responsible for the total damages

49
Q

retroactive liability

A

liability is not limited to the current owner, but includes people who have owned the site in the past

50
Q

Superfund Amendments and Reauthorization Act

A
  1. stronger cleanup standards for contaminated sites and 5x funding ($75 billion per year)
  2. created “landowner immunity”, when a landowner in chain was innocent of all wrongdoing
51
Q

Industrial Site Recovery Act and Wetlands Protection

A

provides for mandatory cleanup of industrial and some commercial sites when they are closed, sold, or otherwise change membership

52
Q

Four government powers in land use regulation

A

PETE
1. police power
2. eminent domain
3. taxation
4. escheat

Real Estate (21 decks)

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