RE Ch. 5: Public Restrictions on Land - Terms

Police Power

The basis for government restrictions on an owner's use of private property is the police power.

The police power is the state's power to adopt laws that are necessary for the protection of the public's health, safety, morals, and general welfare.

Planning Commission

An agency of local government charged with planning the development, redevelopment or preservation of an area.

Smart Growth

Often, the emphasis is on developing additional density in areas that are already developed, rather than increasing sprawl. This type of development may be referred to as smart growth. In other words: Smart Growth" is an urban planning theory that prefers to concentrate growth in walkable urban centers in order to avoid sprawl and preserve open space.

Standard Subdivision

Standard subdivision: A standard subdivision is one in which each individual owner owns his or her own parcel of land.

There are no common rights of ownership or use among the various owners within the subdivision.

Planned Unit Development (PUD)

A planned development (also called a planned unit development, or PUD) is a type of common interest subdivision. It may be residential, commercial, or industrial.

It consists of separately owned lots, as well as areas that are owned in common for use by individual lot owners.

An owners association charges fees to maintain the common areas.

Timeshare Ownership

A timeshare is another type of common interest subdivision.

In a timeshare, owners purchase the exclusive right to use a property for only a specified part of a year.

This is most commonly used for resort condominiums.

Undivided Interest Subdivision

An undivided interest subdivision is a subdivision where owners share undivided interests in the entire parcel of land, and have a non-exclusive right to use the property.

An example would be a recreational vehicle park.

Common Interest Subdivision

A common interest subdivision is one where individual owners own a separate lot or unit, along with an undivided interest in the common areas of the project.

Typically, this is a condominium or cooperative, but it may also be a development of single-family residences with shared recreational facilities.

Preliminary Report

Title company's initial review of the status of a property's title; that is, the existence of liens or other encumbrances that could affect its marketability.

Interstate Land Sales Full Disclosure Act (ILSA)

A federal law that regulates the sale of certain real estate in interstate commerce.

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is a federal law that concerns liability for environmental cleanup costs.

National Environmental Policy Act (NEPA)

A 1969 U.S. federal act that mandates an environmental assessment of all projects involving federal money or federal permits.

Environmental Impact Statement

Statement required by Federal law from all agencies for any project using Federal funds to assess the potential affect of the new construction or development on the environment.

Ad Valorem

A prefix meaning "based on value". Most local governments levy an ad valorem tax on property.

Mello-Roos Community Facilities Act

California law that requires property owners benefiting from public improvements financed by bind issues to repay the bonds; requires notification to a prospective purchaser of lien assessments on the property