Level 6: Public Land-Use Controls Flashcards
Public Land Use Controls Visual Aid
Public Land Use Controls: PETE stands for ?
P is for Police Power
E is for Eminent Domain
T is for Taxation
E is for Escheat
Public Land Use Controls: Police Power
the government right to regulate and restrict land use in order to protect the public, includes the power to enforce zoning and building codes
Public Land Use Controls Police Power: Zoning
the division of land within a jurisdiction into separate districts within which uses are permitted, prohibited, or permitted with conditions
Public Land Use Controls Police Power: Building Codes
sets of regulations pertaining to building design, materials, safety, sanitation, and structure
Public Land Use Controls Police Power: Subdivision Regulations
describe specifically how subdivisions can be created, rules for how land can be parceled out, how dense they can be, and other zoning-adjacent issues
Public Land Use Controls Police Power: Application of Rules
when there is a difference between a government restriction and a private restriction, the strictest restriction will be applied
Zoning Ordinances
local laws that control how land is used and what structures can be built in a designated district
Zoning Ordinances: Master Plan
written document created by the local planning board to guide the future growth and development of a community
Building Codes: Building Permits
legal document from a local authority that authorizes a construction or remodeling project
Certificate of Occupancy
certifies that it is ready and fit for inhabitants
Subdivision Regulations vs. Deed Restrictions vs. Zoning Laws Visual Aid
Subdivision
the process of dividing up a big piece of land into small pieces of land & is created bya subdivider
Subdivider
the person who creates the development and separates out the land
Developer
the person who builds on the land and sells the homes
Plat Patterns: Gridiron
features large lots, wide streets, and some limited-use service alleys, sidewalks usually run parallel to the street, possibly separated from the road by a small, grassy area
Plat Patterns: Curvilinear
integrates major feeder roads with smaller streets and dead ends, prevent monotony and increase open space, minimizes service alleys and the more complex road patterns can be difficult to navigate
Plat Patterns Gridiron Visual Aid
Plat Patterns Curvilinear Visual Aid
Subdivision Creation Visual Aid
Public Land Use Controls: Eminent Domain
the power of government to seize private property for public use, government must pay the property owner fair compensation
Public Land Use Controls Eminent Domain: Condemnation Suits
if a property owner won’t consent to sell and the government really needs it, then it will initiate a condemnation suit
Public Land Use Controls: Taxation
a charge on real estate that is used to pay for services provided by the government
Public Land Use Controls Taxation: Ad Valorem
taxes based on the assessed value of a property
Homeowners pay property taxes to these three taxing authorities
a county, a municipality, & a school district
Tax Rate: Mills
1/1000 of a dollar, or $0.001 ex. - tax rate % is 2.5%, tax rate is 25 mills
Special Assessments
when additional taxes are levied on the homeowners in a neighborhood or area to pay for improvements that benefit the people living there
Public Land Use Controls Taxation: Escheat
the legal doctrine by which a decedent’s property will pass to the state without their consent if that individual dies without a will, a surviving spouse, lineal descendants, or other known heirs
Intestate
dying without a will, your estate will be settled by probate
Probate
process by which courts determine and grant the appropriate ownership interest of an estate to creditors, taxing entities, and heirs of an owner who dies intestate
Intestate: Laws of Descent and Distribution
set of laws that sets out the process of passing an estate to heirs when the owner dies intestate
Public Land Use Controls PETE Visual Aid
Public Ownership of Land
the role of government to own and maintain public land such as streets, highways, & parks