Land use controls & regulations

special assessment tax

A tax issued by the government when providing a benefit for a limited number of property owners (ex. curbs and sidewalks).

A city wanted to take land as the space was needed to install a cloverleaf, allowing easier access to an interstate highway. The owner of the property refused to sell to the city. As a result of this, the city started the process of acquiring the property against the owner's wishes. This process is referred to as:

condemnation

A developer would like to restrict the usage of the land in a particular development. He would do this through a:

covenant in the deed

condemnation

is the PROCESS used to take private property for the public good

The purpose of laws allowing for the state to take property through escheat is to:

prevent land from becoming ownerless

Mr. X bought a house in an area that restricted fences. He then bought a dog and began constructing a fence. What remedies do the neighbors have?

File a private suit in court (The neighbors can sue based on a violation of the deed restrictions. )

police power

Keeping things in order; e.g., zoning and building codes fall under police power

The authority the government has to require that all buildings for human living have restrooms is called:

Police power

EMINENT DOMAIN

The RIGHT of the government to take private property for public good. The property owner is paid compensation for the property.

eminent domain

The RIGHT of the government to take private property for public good. The property owner is paid compensation for the property.

Escheet

The right of the government to take private property when an owner dies intestate (no will) and has no heirs; also applies if owner abandons the property

What is the purpose of a private deed restriction?

To control permitted uses of the property