Government Powers and Control of Land Use
This is the power of government to seize private property for public use as defined by the courts
"taking"
What are the pros and cons of a gridiron pattern?
- the gridiron system makes a subdivision easy to navigate - however, most homes in this pattern will be located on or near busy streets and these lack open space
Who has direct authority over the development and use of public property
-locally elected officials in each municipal, state, or federal jurisdiction
What are the pros and cons of a curvilinear pattern?
-the varied road pattern prevent monotony and increase open space. This system also provides a quieter and safer neighborhood -However, the more complex road patterns can be difficult to navigate
subdividrs commonly use one of two patterns for their plat:
1. Gridiron 2. curvilinear
Before offering lots in a subdivision for sale, a subdivider must...
1. file a plat map with the municipality (a plat map shows how the tract of land will be subdivided). 2. get all necessary regulatory approvals
The government doesn't just come through grabbing real estate that looks great. To exercise eminent domain, what two things must be met?
1. the party being comdemned must be used for and/or benefit the public 2. the owner of the property must be fairly compensated
What are the four main types of land-use controls that fall under the scope of police power
1. zoning 2. building codes 3. subdivision regulations 4. application of rules
T/F - city authorities require builder to follow building codes. These codes concern structural soundness and it's basic cleanliness. building codes also consider its aesthetics and apperance
F - building codes do not consider a building's aesthetics or appearnce
An HOA rule doesn't allow permanent structures to be placed within 10 feet of a shared fence, but the local zoning laws allow it. In this case, would the owner be allowed to place the permanent structure?
No, because the strictest rule is the one that is followed, as long as it is not in conflict with any national, state, or local laws
What are the four basic types of public-land use controls?
PETE - 1. police power 2. eminent domain 3. taxation 3. escheat
In the even of inverse condemnation, what must a property owner do?
The property owner must sue the government. in such cases, the owner is the plaintiff in the suit, which is why it's called inverse condemnation
A town's city council seizes Rachel's farm land to build a new power plant. They paid the cost of moving her farm equipment. Why is this not a legal act of eminent domain?
They failed to provide just compensation for the land. For eminent domain to be legal, the government must provide just compensation for the seized property
What are the conditions under which a state can exercise its power of escheat? a. a person dies leaving no will, spouse, descendants, or heirs b. a person builds out of zone c. a person fails to notify the state of their plan to move d. a person fails to pay the real estate taxes they owe their property
a
Once construction begins, inspectors from the area that has jurisdiction over the building site will periodically examine progress. Upon completion of construction, an inspector checks the building one last time, and if it is found to be compliant, the inspector issues what?
a certificate of occupancy or an occupancy permit
A subdivision is created by....
a subdivider
This land-use control was passed as a law, and limits the acceptable uses within a certain boundary to residential properties only. Is this a zoning ordinance, building code, or deed restriction? Why?
a zoning regulation - That is a zoning regulation. It was passed by a municipal government, and creates zones of acceptable uses within a community. (deed restrictions are placed by individual citizens, not the law)
What is the word that best matches he list of facts? -the strictest rule is the one to follow -settles disparities between zoning regs and HOA rules
application of rules
What is the word that best matches he list of facts? -rules for the inside of buildings -deals with safety instead of urban planning
building codes
a set of regulations pertaining to building design, materials, safety, sanitation and structure
building codes
a legal document from a local authority that authorizes a construction or remodeling project
building permit
Which of the following is NOT government land-use control based in police power? a. zoning b. application of rules c. historic preservation d. building codes
c
a certificate that certifies that a building is ready and fit for inhabitants
certificate of occupancy or occupancy permit
The governmental act of seizing private property land through exercise of eminent domain
condemnation
Zoning is done by....
creating zoning ordinances
A type of plat pattern for a subdivison that integrates major feeder roads with smaller streets and cul-de-sacs.
curvilinear
What does a master plan do? a. creates subdivisions and plats b. sets tax assessment levels and tax rates c. creates voting policies and procedures d. sets out their urban planning goals and priorities
d
Dying without a will is called..
dying intestate
public land use that gives the government the power to seize private property for public use
eminent domain
the legal doctorine by which the decedent's property will pass to the state without their consent if that individual dies without a will, a surviving spouse, lineal descendants, or other known heirs
escheat
-this type of pattern features large lots, wide streets, and some limited use service alleys. Sidewalks usually run parallel to the street, possibly separated from the road by a small, grassy area
gridiron pattern
When the government appropriates a private property without compensating the property owner
inverse condemnation
the building permit application process does what for city officials?
keeps them up to date on new construction and property modification, and more importantly, allows the city to enforce and check for compliance with local zoning laws and building codes
a written document created by the local planning board to guide the future growth and development of a community
master plan or a comprehensive plan
the government right to regulate and restrict land use in order to protect the public.
police power
a process in which court determine and grant the appropriate ownership interest of an estate to creditors, taxing entities, and heirs of an owner who who dies instate
probate
the role of government to own and maintain public land
public ownership of land (land-use controls)
Why is public ownership of land necessary?
so that there is land available not only for schools, government buildings, road, and military bases, but also for enjoyable things like parks, and national forest.
when additional taxes are levied on the homeowners in a neighborhood or area to pay for improvements that benefit the people living there.
special assessment tax
These are an aspect of police power - regulations that describe specifically how subdivisions can be created, rules for how land can be parceled out, how dense they can be, and other zoning adjacent issues
subdivision regulations
What is the word that best matches he list of facts? -can be enacted as a deed restriction -has to do with creating a new subdivision
subdivision regulations
To eminentyly domain a property, the government must do what?
sue the owner in what's called a condemnation suit (assuming the government could not purchase the property the normal way first)
T/F - property taxes are ad valorem taxes, meaning they are based on the assessed value of the property
t
T/F - the ad valorem taxes a property owner owes are based on the area's tax rate and the property's assessed value
t
the total taxable assets available in a specific area
tax base
area in which a taxing entity is authorized by the government to levy taxes
tax district
percentage of a property value that is being taxed
tax rate
a pubic land use control in which the government has the right to charge on real estate that is used to pay for services provided by the government
taxation
What is the most common example of police power in real estate?
the authority to control zoning
The laws of descent and distribution vary by state. In Georgia, if a decedent has a surviving spouse and children, but no will, what happens?
the estate will be split equally between the spouse and kids, but with the caveat that a spouse never gets less than a third of the estate
a set of laws that sets out the process of passing an estate to heirs when the owner dies instate
the laws of descent and distribtuion
how is a subdivision created?
the process of dividing up a big piece of land into small pieces of land. a subdivider takes the large pieces and makes them into smaller pieces, the a developer develops the parcels and sells them to people
The laws of descent and distribution vary by state. In Georgia, if a decedent has a surviving spouse but no kids, what will happen?
the spouse gets everything
the final stage in a subdivision beginning construction is called...
the start up stage or disposition stage
What happens if someone dies intestate?
their estate will be settled by a slow process called probate
What is the difference between a deed restriction & subdivision regulations?
they are created differently - subdivision regulations are laws passed by municipal governments, while deed restrictions are put in place by private citizens (either developers or homeowners).
What do zoning ordinances do?
they are local laws that control how land is used and what structures can be built in a designated district
Lena owns a home near the electrical plant of her small town. Well, it was a small town, but thanks to a smattering of new tech companies headquartering there and a very flattering feature on Diners, Drive-ins, and Dives, it's becoming a larger town, maybe even a city. The almost-city needs to expand the electrical plant, and they need Lena's land to do it. Lena doesn't want to give up her home, and refuses to sell it. What recourse does the municipality have?
they can initiate a condemnation suit to exercise their right of eminent domain.
Before approving a new subdivision, planning boards will often require the subdividers or developers to do what?
things like set aside land for streets, schools, and green space; assure them sewer and street cost will be paid; and demonstrate that lot sizes comply with local zoning and fire safety ordinances
The government must pay the property owner just compensation for any private property seized. What is just compensation?
this means a fair valye for the property that has been taken.
Why is a master plan developed?
to outline sustainable growth, and balances social, economic, environments, and aesthetic needs
T/F - Escheat can be used if a property is abandoned by the owner
true
T/F - Subdivision regulations can also require subdividers to provide certain public utilities and right-of-ways, roads, and other infrastructure items. Lastly, they can dictate tax requirements for subdivisions to pay for the services they use
true
T/F - if someone wants to materially alter an existing development or construct a new building, then they must obtain a building permit
true
T/F - taxes are levied at the local level and fund municipal services
true
T/F - the gridiron pattern evolved from the rectangular survey system
true
T/F - the most common uses of property taken by eminent domain are railroads, public utilities, and highways
true
T/F - this is an example of escheat: marcela passed away without a will and no known heirs, so the city of Augusta now has the title to her estate
true
T/F - zoning ordinances flow from the priorities outlined in a municipality's master or comprehensive plan
true
T/F -a deed restriction could be the mechanism by which a developer ensures their subdivision is complying with the local regulations
true
TT/F - the police power application of rules, stands on the idea that when there is a difference between a government restriction and a private restriction, the strictest restriction will be applied
true
What is the word that best matches he list of facts? -creates different zones with different uses -dictates the acceptable uses of a parcel of land
zoning
this is the division of land within a jurisdiction into separate districts. In these districts, uses are permitted, prohibited, or permitted with conditions
zoning
