Public & Private Land Use Control Flashcards
Randy died without a will and did not have any heirs. The State of Utah will take ownership of his property. This process is called:
A: Easement Appurtenant
B: Necessity
C: Prescription
D: Escheat
D: Escheat
Condemnation is an example of:
A: Eminent Domain
B: Escheat
C: Sovereignty
D: Prescription
A: Eminent Domain
inverse condemnation occurs when:
A: The Government Seizes Control Of The Property
B: An Easement Is Terminated
C: An Adjacent Property Is Condemned And The Use Diminishes Its Value
D: The Property Taxes On The Property Go Unpaid
C: An Adjacent Property Is Condemned And The Use Diminishes Its Value
escheat
If a person dies without a will or heirs to receive the property, their property is
taken by the state.
-Escheat is the reversion of property to a state when that property is lacking claimants or heirs.
-The property can be unclaimed for several reasons, but most often it is because the address of the owner is unknown
condemnation
Falls under police powers. A government entity, such as a city, goes through condemnation actions to take property for public use. One example is the obtaining of land next to a street for the purpose of
widening the street
-Condemnation occurs when a local, state, or federal government seizes private property and reimburses the owner.
-The power (the right) of the government to do this actions is called eminent domain.
- Eminent Domain means that the government takes private property for public use.
inverse condemnation
When the land adjacent to condemned land is devalued by that condemnation, that land can be requested by the owner to be taken by the state as well.
-Inverse condemnation is a term used in the law to describe a situation in which the government takes private property but fails to give the proper funds as the compensation required by the 5th Amendment of the Constitution.
- If this occurs the property’s owner has to sue to get the required compensation that is due to the owner
Condemnation
A Legal process where a government authority takes private property for public use. Usually used to build roads, schools, parks, or other public facilities.
-Government Need: Government decides they need a piece of land for a public project, like widening a road or building a new school. They will identify the property (ies) they need
-Negotiation: Initially, the government will try to negotiate with the property owner to buy the land. They’ll offer compensation, which is typically based on the property’s market value.
-Compulsory Acquisition: If property owner and government can’t agree on a price, or if the owner refuses to sell, the government can use its power of eminent domain to take the property anyway. This is known as Condemnation.
- Fair Compensation: The government must provide fair compensation to the property owner for their loss. This is usually determined by a court or an independent panel of appraisers. The compensation should reflect the property’s market
value, as well as any damages or losses incurred by the owner.
-Public Use: Once the government takes ownership of the property, it’s used for the intended public purpose, such as building a road or a park.
Overall, condemnation ensures that essential public projects can proceed even if they require acquiring private property.
Police Power (explained)
Police Power refers to the authority of the government to regulate certain activities to protect the health, safety, and general welfare of the public within its jurisdiction.
Licensing: Police power also extends to the regulation of professions, including real estate agents. They have sets requirements regarding Education and Training, Examinations, Continuing Education, Ethical Standards, and Consumer Protection. Licensing for Real Estate Agents is a Police Power aimed at safeguarding the interests of the public.
Emergency: In emergency situations, police power takes on a crucial role in maintaining order, ensuring public safety, and responding effectively to the crisis at hand.
Emergency Declarations: Governments have the authority to declare a state of emergency in response to various crises. Enforcement of Emergency
Coordination of Emergency Response: Police power involves coordinating the efforts of various agencies and organizations involved in the emergency response.
Protecting Life and Property: One of the primary objectives of police power in emergency situations is to protect the lives and property of individuals affected by the crisis. Restoration of Order
Recovery: Once the immediate threat has passed, police power remains essential for restoring order, facilitating recovery efforts, and rebuilding affected communities.
Zoning (long explaination)
Falls under Police Power and serves several important purposes in urban planning and land use management.
Organizing Land Use, Protecting Property Values, Promoting Public Health and Safety, Preserving Neighborhood Character:
-Organizing Land Use: Zoning divides land into different zones or districts, each designated for specific types of land use, such as residential, commercial, industrial, or recreational. This helps organize development in a way that separates incompatible land uses and promotes orderly growth and development.
-Protecting Property Values: Zoning regulations aim to protect property values by ensuring that incompatible land uses are not located near each other. For example, zoning may prevent noisy industrial facilities from being built next to residential neighborhoods, which could negatively impact property values and quality of life for residents.
-Promoting Public Health and Safety: Zoning can promote public health and safety by regulating the location and density of certain land uses. For instance, zoning regulations may establish setback requirements, building height limits, and open space requirements to mitigate risks related to hazards like flooding, wildfires, or industrial accidents.
-Preserving Neighborhood Character: Zoning helps preserve the character and aesthetics of different neighborhoods by regulating aspects such as building design, density, and landscaping. This can contribute to creating cohesive and visually appealing communities where residents feel a sense of pride and belonging. (Not to be confused with HOA Covenants, Codes and Restrictions.)
Building Code Variance
a special permission or exception granted by the local government or building authority that allows a builder or property owner to deviate from certain requirements of the standard building codes.
Essentially, it’s a way to get approval for something that doesn’t quite meet the usual rules outlined in the building codes.
-Request: The builder or property owner submits a request to the local building department asking for permission to do something that doesn’t strictly comply with the existing building codes. This could be because of unique circumstances, practical limitations, or other valid reasons.
-Review: The building department reviews the request carefully. They consider factors such as safety, feasibility, and any potential impact on the surrounding area or community.
-Decision: Based on their assessment, the building department may approve, deny, or conditionally approve the variance request. If approved, it means the builder or property owner can proceed with their project while deviating from certain aspects of the standard building codes.
-Conditions: Sometimes, the approval of a variance comes with conditions attached. These conditions might include additional safety measures, compensatory actions, or specific requirements to mitigate any potential risks or drawbacks associated with the variance.
-Documentation: Once approved, the variance is typically documented in writing, outlining the specific deviations from the building codes that are allowed and any conditions or requirements that must be met.
URBAN RENEWAL CONTINUED
-Infrastructure Investment: Improving infrastructure, such as roads, utilities, public transportation, and green spaces, is integral to urban renewal. Upgrading infrastructure not only enhances the functionality and attractiveness of the area but also stimulates private investment and economic growth.
-Historic Preservation: Many urban renewal projects involve the restoration and adaptive reuse of historic buildings and landmarks. By preserving the architectural heritage of the area, these projects contribute to its cultural identity
and attract tourists and visitors.
-Community Engagement: Engaging with local residents and stakeholders is essential throughout the urban renewal process. Community input helps shape the redevelopment plans, ensures that the needs and preferences of residents
are considered, and fosters a sense of ownership and pride in the revitalized neighborhood.
Urban renewal can be a complex and multifaceted process, requiring careful coordination, investment, and sustained commitment over time. When executed thoughtfully and inclusively, it has the potential to transform blighted areas into thriving, livable communities that offer opportunities for residents, businesses, and visitors alike.
police power (short explaination)
The government’s power to regulate behavior and enforce order within their territory for the benefit of the health, safety, morals, and general welfare of their inhabitants.
Includes the powers of licensing, emergency, and zoning.
licensing Legislative
action grants government the police power of enforcing or imposing regulations in certain industries.
emergency
A police power that allows emergency personnel and equipment to act on an emergency basis without prior permission to enter the property. For example, house that is of fire is by tearing down your fence to get through to it, they have the power to do that.
Zoning
The police power of determining how property may be used. The purpose is to put a use in place for each part of a community, keeping each area congruous to improve overall value and enjoyment. This purpose is granted to the city by the state.
Zoning Types
There are several common types of zoning:
-Residential
-Recreational
-Commercial
-Industrial
zoning district
An area zoned for a specific use or purpose. Commercial, residential, and agricultural zones are examples of how zones may be designated.
-Zoning District: Also referred to as Euclidean zoning, is a tool of urban planning that controls land uses in within a city
-Land uses were divided into residential, commercial and industrial areas, now referred to as zones or zoning districts in cities
variance
A special exception given for how property
may be used without having to rezone it.
Rarely granted, on a case by case basis.
Nonconforming Use
A property that is used in the way that it was previously zoned. Use in this manner until the property is transferred to a new owner, at which point it must conform to the new zoning regulations.
