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Land Use Planning
Terms in this set (63)
the authority of each state to act to protect and promote the public health, safety, morals and general welfare of its people; enabling acts
State legislation that confers zoning powers on municipal governments, counties and parishes
Power to tax real estate to meet the public needs of the government
A judicial or administrative proceeding to exercise the power of eminent domain, through which a government agency takes private property for public use and compensates the owner
the right of the state to take private property for public use
The reversion of property to the state or county, as provide by state law, in cases where a decedent dies intestate without heirs capable of inheriting , or when the property is abandoned
Doctrine of Prior Appropriation
the right to use water is controlled by the state rather than by the adjacent land owner. A person must show a beneficial use for the water, such as crop irrigation, in order to secure water rights.
ownership of water and land adjacent to it as determined by state law; Doctrines of riparian or littoral OR Doctrine of prior appropriation
Public land use controls
under police power, each state has the authority to adjust regulations required for protecting public health, safety and the general welfare Ex. zoning, building codes, environmental protection laws
A right of state governments to regulate the height, bulk and use of private property in order to protect the health, morals, welfare, and safety of the public; usually delegated to the local level.
A pre-existing use of land which does not conform to the zoning ordinance but which may legally remain. "grandfathered in"
What happens if a non-conforming property is destroyed?
It cannot be rebuilt without approval of zoning authority
allows an individual to deviate form the zoning requirement due to some adversity or suffering brought about under the current laws
Conditional Use Permit
Written governmental permission allowing the use inconsistent with the zoning, but necessary for the public good; i.e., emergency medical facility in residential area
A change in zoning from a more dense to a less dense classification; such as commercial to residential.
Strip of land separating one type of use from another; i.e., a park or running trails between the commercial buildings and the residential neighborhood
reclassification of a small area of land for use that does not conform to the zoning of the rest of the area
Planned Unit Development (PUD)
Planned mix of diverse land uses such as housing and recreation in one comprehensive plan
Zoning ordinances that restrict the maximum average number of house per acre that may be built within a particular area, generally a subdivision.
Ordinances that specify standards for construction, maintenance and demolition
City Plan Specification
a master plan to guide physical development of a community
Environmental Protection Laws
Federal and state law designed to protect the quality of our earth, water, and air
Resource Conservation and Recovery Act 1976 RCRA
Hazardous and Solid Waste. Regulates the handling of wastes from "cradle to grave"
Major areas of regulation for waste includes:
--underground storage tanks
--hazardous waste disposal
--permits to possess, treat, or dispose wastes
--record keeping and reporting
Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) 1980; - CERCLA
To facilitate the cleanup of any abandoned or uncontrolled sites containing hazardous substances and to impose strict, joint and retroactive liability for cleanup costs on potentially responsible parties.
Superfund Amendments and Re authorization Act, -SARA
created in 1986; established stronger cleanup standards, increased federal governments financial support Innocent landowner Immunity Concept
Innocent landowner Immunity
SARA act concept that will not hold a landowner responsible IF:
bought property after contamination occurred, did not contribute to the problem, and had a financial assessment inspection performed with no contamination found
Ad Valor em Tax
"according to value", tax based solely upon the property being taxed.
appraisal of value for tax purposes by an assessor representing the municipality in which the property is located
special taxes levied on real estate; require property owners to pay for improvements that specifically benefit their real estate
is used to correct inequalities in state wide tax assessments. It may be applied to raise or lower assessments in a particular district or county
Special land types Regulations
Floodplain, Wetland, Shoreline
Federal Emergency Management Association
Potential hazards, agent/seller liability
Radon gas, Asbestos, Urea-formaldehyde foam insulation (UFFI), Lead Poisoning, Polychlorinated biphenyls (PCB's), Waste-disposal sites, Underground storage tanks, Groundwater contamination, Electromagnetic fields(EMF's), Mold
Lead based paint disclosure
pre-1978, disclosure form MUST be attached with real estate sales or lease agreements
What must licensee distribute to buyers and renters?
A federal lead hazard pamphlet called "Protect Your Family From Lead in Your Home"
Leaking Underground Storage Tanks regulations - LUST, 1984,
governs the installation, maintenance, monitoring, and failure of underground storage tanks
Provisions placed IN A DEED by the owner at the time ownership is conveyed to control future use (not ownership) of the property. EX. type size architectural style, height or use of property
CC&R, covenants, conditions and restrictions;
recorded by property owner (usually developer of neighborhood) AS ATTACHMENT, and is mentioned or referred to in deed. legally binding and enforced by court injunction
black mold, in sufficient amounts has been associated with substantial contamination of buildings
a mineral used for many years as insulation on heat ducts, threatening if disturbed because of dust
when asbestos ages and starts to disintegrate
Urea-formaldehyde foam - UFF
an insulating material pumped between the walls of a house and banned from use in the 1970s
A central goal of public land use planning is to
balance individual property rights with the community's welfare
The best definition of a master plan is
a fusion of land use laws and local land use objectives and strategies.
The principal mechanism for implementing a master
Zoning, building codes, and environmental
restrictions are forms of local land use control
If a municipality exerts its power of eminent domain
against a certain property owner, what happens?
The owner must sell the property or grant an easement to the municipality for just compensation.
In most jurisdictions, the master plan is managed by
the planning commission
Counties and municipalities have the legal right to
control land use due to
delegation of authority by state-level enabling acts.
To be valid, a local zoning ordinance must
reasonably promote community health, safety and welfare.
What is the fundamental purpose of a building
To ensure that improvements comply with codes
A primary objective of residential zoning is to
A non-profit organization wants to erect a much needed daycare center in a residential zone. Given
other favorable circumstances, the local authorities
grant permission by allowing
a special exception.
A property that conformed with zoning ordinances
when it was developed but does not conform to new
ordinances is said to be
a legal nonconforming use
One situation in which a zoning board might permit
a variance is when
it would cause the property owner unreasonable hardship to bring the property into compliance with zoning ordinances.
The approval process for development of multiple
properties in an area includes submission of
a plat of subdivision.
A county or municipal authority usually grants a
certificate of occupancy for new construction only
the construction complies with building codes
In addition to government entities, organizations that
may be able to condemn property under the power
of eminent domain include
A property owner is precluded by deed restriction from developing a thirty foot boat dock. The limitation prompts the owner to sell to another party. The new owner
takes title subject to the same restriction
A declaration of restriction in a planned unit development is unlike a deed restriction in that
it cannot be terminated by a single individual
A deed restriction or declaration of restriction may be
enforced by means of a
A distinguishing feature of a deed condition is that
it gives the grantor the right to re-possess the property if the grantee violates the condition.
THIS SET IS OFTEN IN FOLDERS WITH...
URBAN AND LAND USE
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