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23 Cards in this Set

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the legal proceeding involved in eminent domain is

condemnation

eminent domain

when a portion of the land is being taken; payments for the land maybe awarded; this is called?

severance damages

eminent domain

is a proceeding brought about by a property owner demanding that his land be purchased from him.

inverse condemnation

eminent domain

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

examples of police power are

zoning laws, planning laws, building, health, and fire codes; rent control

police power

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

when a property is abandoned or has no heirs. it goes to the state & county

eschest

government

under the allodial system what is retained by the government?

right of taxation, eminent domain, police power, and escheats

government

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

unauthorized intrusion of a building or other from of real property onto another person's land is called what? unauthorized intrusion

encroachment

fee simple

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

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

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

attaches a particular right to an individual rather than to the property itself; an example is utility easement

easement in gross

easement

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

an easement is

an appurtenance to the holder of the dominant estate also a encumbrance to the holder of the servient a state