Unit 7-9 Flashcards
What is police power used to enact?
- environmental protection laws
- zoning ordinances
- building codes
- real estate regulations (construction, location, occupancy & size)
Eminent Domain
The right of the govt to acquire privately owned real estate for public use
Eminent domain v Condemnation
Em dom - power to do it
Condemnation - doing it
Taxation
Charge on real estate to raise funds to meet public needs
Ad valorum
According to value
In regards to real estate taxes
Escheat
State acquiring property when owner has no heirs or will
15 years cheats the norm; supposed to be 20 years
What are the Enabling Acts?
Power transferred from STATE to MUNICIPALITY
Government Powers
Police power
Escheat
Taxation
Eminent domain
What are the four types of co-ownership or concurrent ownership?
1) tenancy in common
2) joint tenancy
3) tenancy by the entirety
4) community property
What is PITT?
The four unities in Joint Tenancy
1) Possession-all have an undivided right to possession
2) Interest-all have an equal interest
3) Time-aquired at same time
4) Title-title conveyed to all by same document
Severalty
Ownership - severed - only 1
Sole rights
Could be of an individual or a corporation
Tenancy in Common
Owned by 2 or more
- each owns undivided fractional interest
- each has unity of possession (right to entire property)
- interest can be sold, conveyed, mortgaged, transferred
- interest passes upon death
*can be SOLD & WILLED
Joint tenancy - right of survivorship
Upon death, interest passes to other joint tenant(s)
Can be sold, but not willed
JT - jayZ - Beyoncé - survivor
Joint Tenancy Termination
- death (of all but 1 - then, he or she owns in severalty)
- conveyance
- partition (to force division or sale)
What is used in CT: tenancy by the entirety or tenancy in common
Tenancy in common