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25 Cards in this Set
- Front
- Back
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2.1 - Property Tax |
Property taxes are the main source of income for most local governments. |
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2.1 - Eminent Domain |
A right the "state" has to take upon payment, through due process (condemnation proceedings), private property for public use. 1. Property MUST be for the public good. 2. Property MUST be necessary for the public purpose for which it is being taken. 3. Owner MUST be paid fair market value. |
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2.1 - Severance Damages |
If an owners remaining land (after eminent domain) is reduced in value. EX: Farmer's land bisected by an interstate. |
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2.1 - Inverse Condemnation |
When a landowner sues to have his land condemned after nearby land is used for public uses which causes his land to lose value. EX: Nearby airport |
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2.1 - Escheat |
Process whereby property passes to the state when the property owner dies intestate without heirs. |
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2.1 - Police Power |
Different from Eminent Domain The power of the government to impose restrictions on private rights for the sake of public health, welfare, order and security. EX: Zoning codes, building codes, etc. |
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2.2 - Master Plan |
A plan for the physical development of the land outside a city's boundaries which bears relation to it's planning. Addresses transportation, housing, conservation, open spaces, noise, safety. |
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2.2 - Zoning Laws |
Helps implement Master Plan. Different zone types: 1. Residential 2. Commercial 3. Industrial 4. Rural Used to regulate height, setback, etc. Buffer zones may be created between different zone types. |
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2.2 - Inclusionary Zoning |
Zoning ordinances that mandate that builders put aside a given portion of new construction for people of low to moderate income. |
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2.2 - Zoning Appeals Board |
Hears complaints about zoning regulations |
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2.2 - Non-Conforming Use |
A zoning exception. For grandfathered in uses of property. |
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2.2 - Conditional Use |
A zoning exception. An exception for special uses such as churches an schools. |
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2.2 - Variance |
A zoning exception. An exception where damages to the value of a property would far outweigh any benefit to be gained by enforcement of the zoning law. |
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2.2 - Spot Zoning |
A zoning exception. The zoning of isolated property. May be a violation of the (constituational) requirement that Police Power be applied equally to all property. |
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2.2 - NEPA / EIS |
National Environmental Policy Act Requires that an Environmental Impact Study be performed for any project that is regulated by a fed. agency. Also required by any project financed by the federal gov't. |
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2.2 - Flood Control Act |
Requires local communities to prepare plans to protect people living in flood plains as well as discourage new construction in flood plains. Also for repairing flood control devices such as levees and dams. |
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2.2 - Federal Insurance Agency |
Provides flood insurance at an affordable rate. |
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2.2 - Clean Water Act (CWA) |
Regulates the discharge of pollutants into water in the US. |
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2.2 - Coastal Zone Management Act (CZMA) |
Intended to protect coastal zones, including fish/wildlife, from harmful effects due to development. |
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2.3 - Superfund Law |
Comprehensive Environmental Response, Compensation, and Liability Act "Potentially Responsible Party" Removal or Remediation Innocent Landowner Defense |
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2.3 - Brownfields |
Property for which reuse, redevelopment, etc. may be complicated by the pressure (or potential of) the presence hazardous substances. Ex: Abandoned industrial sites. Small Business Liability Relief and Revitalization Act (2002) / Brownfields Law |
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2.3 - Hazards |
1. Lead Based Paint (1978) - EPA Pamphlet requried 2. Safe Drinking Water Act - EPA can set national standards. 3. Asbestos - Mesothelioma 4. Carbon Monoxide - Sources include water heaters, fireplaces, etc. 5. Radon 6. Mold 7. Formaldehyde - biggest source is pressed wood. |
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2.4 - Covenants |
Private restrictions. A promise placed into a deed. Affirmative Cov: a promise to do something (keep landscaping up) Negative Cov: a promise to NOT do something (car on blocks) |
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2.4 - Conditions |
Private Restrictions. "Conditions Subsequent" More serious if breached. Consequences could include forfeiture of title. |
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2.4 - C, C, & R's |
Covenenats, Conditions, & Restrictions |
