PSI: Land Use Controls and Regulations: Government Rights in Land Flashcards
A governmental police power that permits it to meet the need for public works by funding through a stable source of income that shares the burden among many citizens
taxation
are based on the value of the real estate. General property taxes may pay for items such as schools, police, fire, etc.
Ad valorem taxes
are imposed only on properties that benefit from the improvement, such as a tax to install a sewer line or city water line on one specific street. Other examples may include paved streets, curbs, sidewalks, or street lighting.
Special assessment taxes
Properties subject to a special assessment may have higher tax bills than surrounding properties. This can influence some buyer’s decision to _______.
purchase
Property tax liens take priority over all other property _____ in most states.
liens
The government’s power to take private land for public use. For example, eminent domain could be used to take private property needed for a planned freeway project.
Eminent domain
Governmental appropriation of property; a taking may or may not use the power of eminent domain.
taking
The process of taking title and physical possession of private property using the government’s power of eminent domain; the property owner is paid just compensation for the value of the property.
Condemnation action
The government takes private property but fails to compensate the owner; property owners are forced to file suit to obtain compensation. The taking may be physical through occupation, or regulatory, where government regulations cause the property to lose economic value.
inverse condemnation
the state’s power to take the property of a decedent who dies without a will, heirs, or creditors.
escheat
When the state claims property through escheat, it can _____ of the property to benefit the public.
dispose
_______ ________ is the government’s authority, at any level, to do what it can to ensure the health, safety, and welfare of its citizens.
police power
Police power includes:
licensing, public services, zoning, and building codes.
Zoning is a police power exercised by a state, county, city, or town government that classifies
land based on its current or intended usage.
Zoning ordinances are____ _____ or regulations that implement the comprehensive plan by regulating zoning and land use and are usually enforced at the city level.
local laws
Zoning ordinances regulate things like lot size, building height, and permitted uses within each zoning classification on a ______ map.
zoning
Zoning ordinances may not violate the federal _____ __________ ___.
Fair Housing Act
Zoning compliance is often monitored by requiring developers to make application for permits, which are only granted if they’re not at ______ with _____ ordinances.
odds, zoning
______ zoning allows otherwise prohibited development in return for the developer providing a community benefit.
incentive
____ zoning regulates the density of a given area by requiring certain building height limitations, lot width, setback requirements, etc.
bulk
Bulk zoning applies to both _______ and _______ zoning.
residential, commercial
_______ zoning is a way to ensure the visual and architectural consistency of an area.
aesthetic
________ is the process of assigning a lower-density use zone to an area previously allowing a higher density. Density zoning refers to a number of things per unit, such as houses per acre.
downzoning
_____ zoning rezones a specific property for use within another zoning area.
spot
________ use: Deviates from current zoning but is grandfathered in (such as a home built years ago in an area that’s now commercially zoned).
nonconforming
Temporarily halts new property development
Moratorium
Allows use that’s not normally permitted but is considered an “allowable” use within that zoning, such as a church or daycare within a residentially zoned area.
special use permit (conditional use permit)
_______ (aka _____ __________) Permitted deviation in the zoning ordinance requirements; typically granted when the zoning has created a hardship or burden on the property owner. Both special use permits and variances require a public hearing before they’re granted.
variance, use variance
Prospective buyers should be aware of _______ ordinances and any potential challenges they may present for desired uses (for example, running a business out of a home)
zoning
Many localities have a _______ _____ board which oversees challenges to zoning actions.
zoning appeals
The ______ board ensures that community growth is controlled and orderly; the board develops the master plan (also known as comprehensive plan), which includes a budget. In a city, this is known as urban planning.
planning
Planners often account for ________ (the physical and natural features of an area).
topography
A ________ is land that’s divided into lots for development.
subdivision
A _____ map is a map of a subdivision that represents a tract of land, showing the _________ and location of individual properties, streets, easements, and other pertinent information.
plat, boundaries
A developer submits the ____ map to a planning board or zoning commission.
plat
Meetings held by planning and zoning boards must be open to the public because of ___________ laws.
sunshine
At the federal level, the ____________ ____ is part of the Freedom of Information Act (____).
Sunshine Act, FOIA
Each state usually has its own version of FOIA or a ________ law.
sunshine
__________ _______ are rules that specify the standards to which certain building projects must comply.
building codes
These _________ codes help ensure safe, properly functioning buildings for their occupants.
building
Building codes address the method of construction, materials used, and the building’s _______ and _________ standards.
safety, sanitary
State building codes provide _____ minimum standards for all residential and commercial buildings in the state, while local codes provide additional regulation.
bare
If there is no state or local code, builders must comply with the federal building ____.
code
Building permits are issued _______ as a signal to a builder or contractor that building codes must be adhered to. During or after completion, building inspectors review work to ensure building code compliance.
locally
Most municipalities permit existing construction to be ____ and _______ without meeting current building codes.
sold, occupied
__________ are areas that are saturated by water in an amount sufficient to support vegetation that grows in the saturated soil. Many states have wetlands regulations, and various federal government agencies share responsibility for protecting U.S. wetlands.
wetlands
The _______ _____ ____ provides guidelines for waters, including wetlands.
clean water act
Only ______ structures can be built on wetlands.
certain
_______ zones (aka floodplains) are an additional environmental concern for homeowners and buyers. ____________ are low-lying areas of property that are susceptible to flooding because of their proximity to a water source.
flood, floodplains
Lenders that fall under _________ _____________ must require borrowers who live in special flood hazard areas (SFHAs) to obtain flood insurance as a condition of obtaining their mortgages.
federal regulations
SFHAs
special flood hazard areas
Traditional homeowner’s insurance policies don’t cover flooding. Homeowners must purchase a separate policy or bundle flood insurance with their homeowner’s policy. The _________ ______ ___________ ___________ helps homeowners in flood zones obtain affordable flood insurance.
National Flood Insurance Program (NFIP)
The ________ ____________ Management Agency (FEMA) provides a search service that homeowners can use to determine if their property lies in a flood zone.
Federal Emergency
Laws seeking to conserve, protect, or restore habitats aim to prevent the extinction of animals that live in those habitats or to protect the natural habitat itself from further destruction.
protected habitats
Many localities have enacted land use regulations to protect the historic character of the area, either due to architectural or historic landmark significance.
historical landmarks
Special purpose landfills contain hazardous waste, such as radioactive materials from nuclear power plants and toxic chemicals
lands contaminated with hazardous waste
As a licensee, you don’t have to know how to ________ environmental issues, but should know how, where, and when to seek expert assistance.
investigate
a fibrous material that’s dangerous when it begins to deteriorate
abestos
________ (easily crumbled or reduced to dust), was used in many materials before the 1970s because of its fire-retardant qualities.
friable
The EPA regulates _______ use and disposal; some states have enacted laws related to asbestos handling and disposal.
asbestos
_______ can be found in paint, plumbing, dust, soil, and drinking water.
lead
the federal _____ __________, ______, and ___________ (RRP) Rule requires contractors who perform tasks that may disturb lead-based paint to be certified and to follow lead-safe work practices.
Lead Renovation, Repair, and Painting (RRP) Rule
________ occurs naturally in the environment and can be found in soil and well water.
radon
________ enters a home through the building’s cracks and crevices, and experts believe it can cause lung cancer.
radon
Results are measured in __________. If the home tests at or above a level of 4 picocuries per liter, experts recommend mitigation, which can include sealing cracks and other foundation or basement openings and installing a vent system.
picocuries
______ growth is promoted by excessive moisture and lack of air circulation. Excessive levels of this can cause allergic reactions or act as a respiratory irritant in individuals who are sensitive to it or immune-compromised. In some cases, this may release potentially toxic substances.
mold
The EPA recommends that an expert be engaged to remediate affected areas of over __ square feet.
10
_______ ___________ is an odorless, colorless toxic gas that’s formed whenever fuel is burned. Gas and oil furnaces, gas refrigerators, clothes dryers, ranges, water heaters, and space heaters produce this, as can fireplaces, charcoal grills, and wood-burning stoves.
carbon monoxide
___________________ (CFC are organic compounds that contain carbon, chlorine, and fluorine.
chlorofluorocarbons (CFCs)
___________, used in a variety of building products, is a colorless chemical with a strong odor. It’s emitted as a gas and is classified as a volatile organic compound (VOC).
formaldehyde
_________________ __________ (PCBs) are mixtures of a number of man-made chemicals.
polychlorinated biphenyls
____ are odorless, tasteless solids or liquids and, prior to being banned in 1979, were used in industrial products and chemicals such as caulking compounds, transformers (including those in fluorescent lighting fixtures), and hydraulic oil.
PCBs
PCBs are classified as __________.
carcinogens
____________ is water that is under the earth’s surface.
groundwater
________ _______ _______(landfills) are typically huge excavated areas where waste is buried underground. Federal, state, and local governments regulate waste site placement, construction, and content.
waste disposal sites
Golf courses, parks, and housing and office complexes are often constructed on these ______ disposal sites.
capped
Inactive waste sites are often _______ (covered with soil).
capped
Properties that have been contaminated by commercial or industrial use may be referred to as ____________.
brownfields
Always document your recommendations to your client, particularly if the client declines _________ testing.
environmental
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was established to clean up
closed, abandoned, or uncontrolled hazardous waste sites and spills.
The Superfunds Amendments and Reauthorization Act (SARA) added an “innocent landowner” defense to ________. Landowners who performed their due diligence when purchasing a property may be held innocent of clean-up liability if the property is found to be contaminated.
CERCLA
Strict liability: The property owner is __________ for cleanup, regardless of who’s at fault.
responsible
Each of the responsible parties is personally responsible for damages.
joint and several liability
Both the current owner and prior owners are liable.
If liable parties aren’t doing cleanup, the EPA can hire its own contractors, do the clean-up work, and then bill the parties.
retroactive liability
Private land use controls include easements, liens, deed restrictions, and subdivision regulations or ____ rules.
HOA
_______ land use controls place restrictions on the appearance or use of land by individuals or private entities, as opposed to those placed by a government body.
private
If a property faces both a public and private restriction regarding the same issue, the most ______ one takes precedence
restrictive
Grantees shouldn’t take _____ restrictions lightly. Violating a deed restriction, in severe cases, could cause the property to be reverted to the previous owner who imposed the restriction
deed
Subdivision developers may place __________, _________, and _______ (CC&Rs) (aka restrictive covenants) on all properties within a development. CC&Rs are rules established by developers or homeowners associations that govern properties and owners in the community covered by the CC&Rs.
covenants, conditions, restrictions
The purpose of CC&Rs is to maintain specific ________ standards; e.g., architectural, design, or setback (distance from property lines) requirements.
subdivision
CC&Rs are usually set up to _____ within a certain number of years.
expire
CC&Rs are enforced by the _________ association, which may also be empowered to change them.
homeowners
Homeowners association (HOA) regulations are typically set up as a ________ (an agreement between the homeowner and the association).
covenant
HOA regulations subject property owners to certain _____, _____________, and __________, including the obligation to pay the HOA fee.
rights, responsibilities, and obligations
HOAs may regulate _________ choices for structures (such as paint or shingle color), or for landscaping (such as the type and number of trees and shrubs that owners may plant).
aesthetic
HOAs typically have the _________ to levy fines against residents who don’t comply with HOA regulations.
authority
Any member of the HOA may ________ enforcement in a _____ court of law if a resident isn’t complying with regulations.
pursue, civil
