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23 Cards in this Set
- Front
- Back
- 3rd side (hint)
the legal proceeding involved in eminent domain is |
condemnation |
eminent domain |
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when a portion of the land is being taken; payments for the land maybe awarded; this is called? |
severance damages |
eminent domain |
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is a proceeding brought about by a property owner demanding that his land be purchased from him. |
inverse condemnation |
eminent domain |
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an award to a property owner whose land is not taken but which suffers because of a nearby public land use. |
consequential damages |
eminent domain |
|
the right of the government to enact law & enforce them for the order, safety, healthy, morals, and general welfare of the public |
police power |
police power |
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examples of police power are |
zoning laws, planning laws, building, health, and fire codes; rent control |
police power |
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what is the mean difference between eminent domain and police power? |
police power restricts how real estate maybe used;and there is no payment to a owner who suffers a loss |
police power |
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when a property is abandoned or has no heirs. it goes to the state & county |
eschest |
government |
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under the allodial system what is retained by the government? |
right of taxation, eminent domain, police power, and escheats |
government |
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what is defined as any claim, right , lien, estate or liability that limits the fee simply title to property: an impediment to a clear title. |
encumbrance |
fee simple |
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unauthorized intrusion of a building or other from of real property onto another person's land is called what? unauthorized intrusion |
encroachment |
fee simple |
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a claim placed on or against the property by unpaid workers or materials suppliers; is an special lien |
mechanic's lien; also an involuntary lien |
lien |
|
what is the idea behind a mechanic's lien? |
that the work has increased the value of the property; therefore the property should be security for payment |
lien |
|
general lien |
judgment lien; also an involuntary lien |
lien |
|
special lien |
mortgage lien |
lien |
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what kind of lien is created by operations of law; like a tax lien |
involuntary lien |
lien |
|
is a lien on a specific property; mechanic, mortgages, & ad valorem tax lien are examples |
special lien |
lien |
|
is a lien on all the property of a person in a given jurisdiction; federal and state liens for income taxes are examples |
general lien |
lien |
|
use the property for a statutory period of time. this easement can be created with out a written document and so can necessity easement |
easement by prescription |
easement |
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is the right to use adjoining property that transfers with the land: dominant estate(benefits from the easement)& servient estate(provides the easement) |
easement by appurtenant |
easement |
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attaches a particular right to an individual rather than to the property itself; an example is utility easement |
easement in gross |
easement |
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what is the difference between the appurtenant & gross easement? |
in a gross easement there is only a servient estate providing the easement( no dominant estate) |
easement |
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an easement is |
an appurtenance to the holder of the dominant estate also a encumbrance to the holder of the servient a state |
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