Unit 4: Public, Private Land Use Controls Flashcards
What is a condition?
Contingencies placed on a property. IF violated, ownership reverts to prior owner
What are the private land use controls?
Conditions, covenants, elements, and restriction
What is covenants?
An agreement between two or more parties which are enforced via court system
What are deed restrictions?
Limit the use/appearance of a property, and can be placed on any deed at ANY time, may run with land forever/have time limit
What is a doctrine of laches?
Covenants must be enforced consistently or may be voided
What are the 2 types of estates?
Dominant and servant
What is a dominant estate?
Benefits from the easement, the party burdening/inconveniencing the other property
What is a servant estate?
Provides the easement, the giver of the right
What is a license?
Permission to do something on another’s land without possessing any interest/ownership in land
What is police power?
Government’s authority to do what it can to ensure health, safety, and welfare of citizens
What is eminent domain?
Government’s power to take private land for public use
What is condemnation?
When government takes a property
What is an involuntary alienation?
Transfer of land via eminent domain/condemnation
What is taking?
When a government authority regulates private property to detriment of landowner
What is escheat?
When no heirs or creditors exist upon owner’s death, property goes to state
What is taxation?
Government power to finance public works through annual property taxes, transfer taxes, and special assessments
What is zoning ordinances?
Includes zoning map that divides area into designated districts and zoning classification
What are the zoning districts?
Residential, commercial, industrial, vacant land, agricultural, public open space, and recreation area
What are the zoning classification?
Incentive, bulk, aesthetic and downzoning
What are the building codes used to regulate?
Condition, occupancy, maintenance, rehabilitation, and renewal
Who are the planning boards?
Ensures the community growth is controlled, orderly, and creates comprehensive master plans
What is a subdivision?
Land that has been divided into lots for development
Who are developers?
Improve land, construct homes on the lot, and sell them
What is a plat?
Written record of the land division
What is a plat book?
Collection of plats kept at the county clerk’s office
What is a non-conforming use?
When existing uses that don’t comply with zoning are grandfathered in
What are variances?
Permitted deviations in the requirement of the zoning ordinance
What are the requirements for variances?
Must be approved by zoning board
What is an area variance?
Allows development in a way that’s not normally allowed by physical/dimensional requirements of current zoning
What are use variance?
Allows property use for a purpose that would be prohibited by zoning in place
What are special use permits?
Granted for uses that don’t comply with zoning ordinance. Ordinance lists as allowable under certain conditions (Conditional use permits requires a public hearing)
What are environmental impact statement?
Required for new developments, EIS
What is a homeowner association?
Subject property owners to certain rights, responsibilities, and obligations including HOA assessments; restrictions may vary
What is an encumbrance?
Any claim/lien held by another person or entity against a property that limits property owner’s use/right/decreases value
What are public land use controls?
Implementation of government authority primarily enacted through police power
What is a specific lien?
Attaches to single property
What is a voluntary lien?
People agree to have security placed on themselves or property
What is an easement?
Authorized use of another’s property for a specific purpose
What is an encroachment?
Unauthorized affixed intrusion onto another person’s property
What is a general lien?
Affects all of a debtor’s property, real and personal
What are writ of attachment?
An encumbrance on property of a defendant in a pending lawsuit for monetary damages under special circumstances (hiding defendant)
What are lis pendens?
Constructive notice that someone other than owner is claiming a potential ownership interest in real property
What is a subordination agreement?
When a lien holder agrees to modify the order of lien priority
What is an easement appurtenant?
Attached to a specific parcel of land, transfers and grants the right to use adjoining property
What is variance?
Permitted deviation from zoning ordinance requirements due to proven hardship to owner
What is easement in gross?
Granted to specific individual or business entity rather than attached to property
What is bulk zoning regulations?
Restrict density of buildings in an area through building design requirements
What is downzoning?
Assigning a lower density use zone to an area that previously allowed a higher density use
What is an involuntary lien?
Legally placed on property by creditors without owners’ consent
What is a comprehensive master plan?
Documents the community makeup (demographic, business, industries)
What is incentive zoning?
A municipality that allows prohibited type of construction if developer gives municipality something in return
What are the building codes?
Address the method of construction, materials used, safety and sanitary standards of a building to ensure a safe, properly functioning environment
What is aesthetic zoning?
Creates cohesive neighborhoods + districts, and preserves the “feel” of a neighborhood
What is inverse condemnation?
When property value is diminished due to adjacent land taken over for public use
What is easement by prescription?
Created through continued uninterrupted, obvious, and adverse use of another’s property for many years
What is the right of way (ROW)?
Provides a pass through
What is a superfund amendment and reauthorization act (SARA)?
Amended CERCLA; removed property owner cleanup responsibilities if contamination occurred prior to ownership and due diligence was performed
What is comprehensive environmental response, compensation, and liability act (CERCLA)?
Identifies sites that have hazardous substances and requires cleanup by responsible party
What is a zoning ordinance?
Zoning map that divides area into designated districts, and text describing zoning classification and permitted use
What is a group home?
A facility where 5 or more adults who once were institutionalized live
What is a nonconforming use?
Owner can continue to use property as originally zoned, even if outside current zoning regulation
