Unit 20 - Land Use Control And Property Development Flashcards
Government land ownership in USA
28%
Government create legislation
For public health safety abs welfare
Enabling acts
Government delegates that power to smaller municipalities so that can enact law / ordinance
Comprehensive plan
Master plan
Towns goals
Land use Housing needs Movement of people and good Community facilities and utilities Energy conservation
Zoning ordinances
Government. Public land use control
Regulate the use of lot Lot size Types of structures Building heights Minimum boundary distance Ratio of land and structure Protection of natural resources
Zoning classifications
Residential
Commercial
Agricultural
Industrial
PUD
Planned unit development
Has many zones
Store front with apartment on top
14th amendment
Can’t deprive someone of their property without process of law
5th amendment
Takings clause
Government can take any land(eminent domain) but they have to pay for it. Fair compensation
Eminent domain vs condemnation
Eminent domain- the right
Condemnation- the process
Inverse condemnation
Sue government because the value of property is lessened through their actions
Buffer zones
Landscape parks
Separates residential and non residential
Bulk zoning
Avoid overcrowding
Restrictions on new construction
Aesthetic zoning
Specify specific types of zoning
Incentive zoning
Ensure certain uses are incorporated into developments
Zoning permits
These violate zoning law, but have been permitted
Nonconforming use - grandfathered in.
Conditional use
Benefits the entire community
Voted on
Variance
Benefits one person. Garage shop
Voted on
Building codes
Construction standard
Locally made
Building permits
Before any additions are out on your house
First
Certificate of occupancy
After building permit. After construction is done
Impact fees
Charged ahead of time for anticipated development expenses(taxes)
Land plan
Before any thing is done
Subdivision plan
Breaking up lots
Plat map
Draw a plat map using land and subdivision plans
Density
Avoid overcrowding- developing land. Ex. No more than 4 house per acre
Bulk zoning
Curvilinear street pattern
Odd lot sizing. More greenery and open space. Help accomplish density zoning
Clustering
Reducing size of lots around street patterns to increase open space
Private land use controls
Deed restrictions - last forever
Restrictive covenants - can expire
Cc&r - can expire
Private in nature
Laches
Right was lost
Injunctive relief
Taken to court for violating private land use
Dodd frank act 2011
CFPB formed
Interstate land dales full disclosure act- ilsa
Developers need to file statement of record with CFPB before offer lot for sale via interstate
Provide each purchaser or lesse printed report before they sign
Type of title
If report not given 3 days before purchase, purchaser had 2 years to rescind the contract
Does not apply to subdivision with less than 25 lots , each lot is 20 acres in size, only to developers, where building exists, have to build within two years
Consumer financial protection bureau
Enforces ILSAP
State subdivided land sale laws
Out of state property for sale must be registered
Commissioner of security
To sell out of state properties
