Real Property And The Law

Front 1

What does Police Power of the State refer too?

Back 1

Their inherent authority to adopt regulations necessary to protect the public health, safety and welfare.

Front 2

Privately owned real estate is regulated through what 5 things?

Back 2

1. Land-use planning
2. Zonin Ordinances
3. Subdivision regulations
4. Building codes
5. Environmental protection legislation

Front 3

Comprehensive Plan

Back 3

Also referred to as master plan is when the local governments establish development goals through the formulaion of this.

Front 4

The Comprehensive Plan (as provided for in the code) inlcudes the following basic elements:

Back 4

1. Land Use
2. Housing Needs
3. Movement of People and Goods
4. Community facilities and utilities
5. Energy Conservation

Front 5

What are Zoning Ordinances

Back 5

local municipal laws that implement the comprehensive plan, and regulate and control the use of land and structures within designated land-use districts.

Front 6

Buffer Zones

Back 6

the use of landscaped parks and playgrounds to screen residential from nonresidential areas

Front 7

5 Tests commonly applied in determining the validity of ordinances:

Back 7

1. Power be exercised in a resonable manner
2. Provisions be clear and specifc
3. Ordinances be nondiscriminatory
4. Ordinances promote public health, safety & general welfare under the police power concept
5. Ordinances apply to all property in a smilar manner

Front 8

Downzoning

Back 8

when land zoned for residential is rezoned for conservation or recreational purposes - the government isn't responsible for compensating property owners for any loss of value

Front 9

Zoning Hearing Boards

Back 9

Established for specific purpose of hearing complaints about the effects of zoning ordinances on specific parcels of property.

Front 10

Nonconforming Use

Back 10

That is no longer conforms to current ordinances. Maybe allowed to continue until the improvements are destroyed or torn down or the current use is abandoned.

Front 11

Conditional-use Permits

Back 11

Authorizes a property to be used for a special purpose (ie church) as long as certain standards are met.

Front 12

Variance

Back 12

Authorizes a use that is strictly prohibited by current zoning laws as long as the homeowner can demonstrate that a zoning ordinance deprives him a resonable use of the property.

Front 13

What are the two categories of Variances?

Back 13

Dimensional Variances
Use variances

Front 14

Dimensional Variances

Back 14

Cover physical dimensions such as lot or parcel size and setbacks

Front 15

Use Variances

Back 15

Cover specific use of land (ie multiple-unit dwelling in an area where only single-family are permitted)

Front 16

Subdivision Plat

Back 16

A map of the planned development

Front 17

Subdivision & land development Ordiances

Back 17

regulate lot sizes, setbacks, building heights, open spaces specifically for subdivisions and planned residential developments.

Front 18

What happens when a subdivision plat is filed?

Back 18

Land for streets or parks and recreation that are designated for public use are transferred or dedicated to the municipality

Front 19

Impact Fees

Back 19

To assist in defraying cost impact fees are charged to fund off-site public transportation improvements (based on the amt of traffic the new project will contribute to the trasportation system

Front 20

When are impact fees collected?

Back 20

When the new subdivision or development is approved.

Front 21

Building Codes

Back 21

Ordiances that specifiy construction standards that must be met when repairing or erecting buildings.

Front 22

What do building codes address?

Back 22

Design, quality of materials and standards of workmanship

Front 23

What is UCC?

Back 23

Unifrom Construction Code (effective 7/2004) which encourages the use of state-of-the-art construction methods and systems.

Front 24

Building Permit

Back 24

A written governmental permission for the construction, substantial repair, or alteration of a structure.

Front 25

Certificate of Occupancy

Back 25

Once a structure has been inspected and found satisfactory the municipal inspector will issue this which shows the building fit for occupancy and has no building code violations.

Front 26

Current Zoning Classifications

Back 26

Must be disclosed in an agreement of sale.

Front 27

Does Nonconforming use attach to land or operator?

Back 27

Land

Front 28

DoesSpecial use zoning or conditional use permits attach to land of operator

Back 28

Operator

Front 29

What does ordinance mean?

Back 29

The law

Front 30

Private controls are created by who?

Back 30

An owner

Front 31

Public controls are exercised by who?

Back 31

The government

Front 32

Private land-use controls fall in what two general categories:

Back 32

Deed Restrictions and Restrictive Covenants

Front 33

Deed Restrictions:

Back 33

Provisions placed in a deed by the owner at the time ownership is conveyed to control future use of that property.

Front 34

Restrictive Covenants:

Back 34

Declarations of conditions and restrictions that affect the use of all parcels of land iwthin a specified development or subdivision plat

Front 35

Latches refer to:

Back 35

the legal principle that a right may be lost through undue delay or failure to assert it.

Front 36

Purpose of Government Ownership:

Back 36

Necessary for such uses as municipal bldgs, state legislative houses, schools, military stations, pulbic housing, street & highways, national & state parks which help to conserve our natural resources.

Front 37

Proerty Reports

Back 37

Contains all essential information about a property such as distance over paved roads to nearby communities, # of homes currently occupied, soil conditions, septic systems, existence of liens. Must be given at least 3 days prior to a signed sales agreement.

Front 38

Interstate Land Sales Full Disclosure Act

Back 38

Regulates the interstate sale or leasing of 25 or more lots of unimproved lots. The act is administered by HUD and is designed to prevent fraudulent marketing schemes.

Front 39

What do developers often use to control & maintain the desirable quality and character of a property or subdivision?

Back 39

CC&Rs - Conditions, Covenants and Restrictions

Front 40

What is a Percolation Test:

Back 40

Used to analyze soil absorbtion and drainage of a property.