Limitations on Property Rights Flashcards
Encumbrance
restrictions that limit real property rights
Government (public) Limitations
4 ways (P.E.T.E) that feds, local and state regulate what property owners can do with their property
Police Power
Gov Limitations - gov to regulate private activity if it’s in the public’s best interest to do so.
ex: local zoning ordinance and building codes
Eminent Domain
Gov Limitations - force sale of privately owned property if it is in the public’s best interest.
gov has to pay owner fair market value for property.
Condemnation
the act to taking the land from an owner through eminent domain
Severance Damage
gov only takes a portion of the land through eminent domain
Inverse Condemnation
gov action diminishes value to an adjacent property. owner can claim compensation
Taxes
Gov Limitations - municipal property taxes. primary source of revenue for municipal governments
Municipal
relating to a city or town or its governing body
Escheat
Gov Limitations - reversionary interest the state maintains in all privately owned property.
if property owner dies without heirs then the property goes to the state
Zoning
regulating and controlling land use. Towns use master plans drafted by planning commission to plan their future development
Use
Zoning - purpose for which the property will be used.
ex: commercial for business and residential for living
Height
Zoning - building height
Setbacks
Zoning - distance from lot lines before building is permitted
Lot Size
Zoning - minimum permissible lot size
Buffer Zones
Zoning - areas where you cannot build anything. ease transition between zoning areas
ex: industrial to residential zone
Single Family Homes (detached homes)
property only containing one unit
Multifamily Homes (apartment buildings)
property containing several different units, but is not subdivided.
Condominiums
subdivided units contained within common areas
Cooperatives
shared property owned by a company or corporation
Mixed Use Developments
property containing multiple uses
ex: retail and residential
Planned Unit Developments
mixed use land developments that are often exempted from certain zoning regulations
Nonconforming Use
Zoning Bypass - legal use existed prior to enactment of current zoning ordinances. grandfathered under zoning if structure was legal when built.
Variance
Zoning Bypass - special permission to do something otherwise forbidden by zoning rules
Conditional (Special) Use Permits
Zoning Bypass - limited variance. allow commercial and residential use that wouldn’t otherwise be permitted.
They are restricted to specific public use case deemed to be in public interest
ex: grocery store
Converted Use Properties
CUPs. towns use these permits instead of variances
ex: allowing a residential property to be used commercially. dentist office is a house
Steps to receive a variance or conditional use permit..
- property owner applies for a permit with local zoning ordinance officer or building inspector
- they look at the local zoning rules and determine if allowed
if permit is approved..
property owner can build whatever was on the submitted permit , subject to local rules
if permit is denied..
- owner appeals to local zoning board of appeals by applying for variance/conditional use permit.
- ZBA reviews application. see if any hardship is imposed on owner by local zoning rules and any negative impact to be had on community.
- Neighbors get chance to comment on impact during public hearing
- Owner will show the uniqueness to prove the need for the variance
ex: river cuts through property and is not present on other properties
Building Codes
basic requirements for construction without specific implementation (must have smoke detector but don’t need to specify what brand)
