5 - Public and Private Control Flashcards Preview

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Flashcards in 5 - Public and Private Control Deck (27)
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1
Q

Encumbrance

A

An outstanding burden on the titel. Anything that “removes sticks” from an owner’s bundle of rights is an encumbrance

2
Q

Eminent Domain

A

The right of the government to take private property for the public good.

3
Q

Escheat

A

When an individual dies leaving no will or heirs, the property escheats, or passes, to the state. Property is deed for the benefit of the state school fund.

4
Q

Condemnation Action

A

When the government files a condemnation action or suit, suing the property owner, claiming they need it

5
Q

Inverse Condemnation

A

After the government takes property by eminent domain, neighbors can sue the federal government and ask to “take” their property, because the value has gone down since the initial taking

6
Q

Which amendment refers to the federal government taking property?

A

5th Amendment

7
Q

Which amendment refers to the state government taking property?

A

14th Amendment

8
Q

Police Power

A

Government right to adopt and enforce laws to promote and support the public health, safety, morals, and general welfare. Cannot seize property, but can use it without compensation on emergency basis.

9
Q

Zoning

A

The power of the state to regulate land use.

10
Q

Board of Adjustment

A

Hears appeals from landowners desiring special exceptions to zoning ordinances

11
Q

Zoning - A

A

Agriculture use

12
Q

Zoning - R

A

Residential use

13
Q

Zoning - C

A

Commercial use

14
Q

Zoning - M/I

A

Manufacturing / Industrial

15
Q

Zoning - S

A

Special purpose use - churches, hospitals, etc…

16
Q

PUD

A

Planned Unit Development. An area planned for high-density occupation.

17
Q

Buffer Zone

A

A strip of land separating one land use from another. Commercial from being too close to residential.

18
Q

Legal non-conforming use

A

Permitted use of property, even if zoning laws had change since then. Zoning changes are not retroactive. Originally built as R-2, but later changed to R-1.

19
Q

Variance

A

Permission to vary from the prevailing zoning regulation for building or use purposes

20
Q

Spot zoning

A

A provision that allows a single parcel of land to be zoned differently than surrounding properties. 7/11 inside community

21
Q

Injunction

A

What is used to order those who violate the CC&R’s to stop doing so

22
Q

Private restrictions

A

Also known as CC&R’s (Covenants, Conditions, and Restrictions)

23
Q

Right of enforcement

A

Passed from developer of subdivision to HOA. Enforces CC&R’s

24
Q

Easement

A

A non-possession right of use or enjoyment of another’s property. Generally involves a physical condition or use

25
Q

Easement appurtenant

A

An easement that runs with the land or deed

26
Q

Easement in gross

A

An easement granted to a specific person, like a hunting permit

27
Q

4 ways to create an easement

A

a. Mutual Agreement (easement in gross)
b. Deed restriction (easement appurtenant)
c. Implication:
d. Eminent Domain
e. Necessity
f. Easement by prescription (20 years of using it)