Measuring Land and Land Use Review

This flashcard set covers legal descriptions of land, measurement formulas, government powers (PETE), zoning regulations, and environmental hazards based on the lecture transcript.

What is the primary purpose of a legal description of property?

To identify and distinguish a specific parcel of land from all other parcels by defining its boundaries and location.

Which legal description system uses a "point of beginning" and moves clockwise to close a perimeter?

The metes and bounds system.

When was the rectangular survey system originally established and by which body?

It was established in $1785$ by the Continental Congress.

In the rectangular survey system, what are the names for north-south and east-west lines?

North-south lines are called range lines, and east-west lines are called township lines.

How many sections are in a township, and how many acres are in each section?

A township is subdivided into $36$ sections, and each section contains $640$ acres.

What is the specific distance and frequency of correction lines in the rectangular survey system?

Correction lines occur every fourth tier, or every $24$ miles.

How does a survey differ from a legal description?

A survey is a formal process of locating boundaries and identifying improvements, encroachments, and easements, whereas a legal description only identifies the land itself.

What is the formula for calculating the area of a triangle?

$$Area = \frac{1}{2} \times \text{base} \times \text{height}$$

What is the exact number of square feet in one acre?

One acre contains $43,560$ square feet.

What does the acronym PETE stand for regarding government interests in real property?

Police power, Eminent domain, Taxation, and Escheat.

What are the two conditions that must be met for the government to exercise eminent domain?

1. The property must be taken for public use and benefit; 2. The owner must receive just compensation, usually market value.

What is the term for a person dying without a will, leading to the potential for escheat?

Dying intestate.

Which document is issued once a property is deemed fit for occupancy after all inspections?

Certificate of use and occupancy.

How is a nonconforming use defined in zoning?

A land use that doesn't conform to current zoning laws but is legally allowed because it was established before the new laws were enacted.

What is a variance in the context of zoning?

A form of administrative relief that allows a property to be used in a way that does not comply with the literal requirements of a zoning ordinance.

What did the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) create to clean up hazardous waste sites?

The Superfund.

What are the four phases of an environmental site assessment?

Phase One: Investigation; Phase Two: Testing; Phase Three: Remediation; Phase Four: Management.

Under the Residential Lead-based Paint Hazard Reduction Act, what is the target year for home construction requiring disclosure?

Homes built before $1978$.

When a deed restriction and a zoning law differ, which one prevails?

The more restrictive use prevails.

What type of insulation can emit toxic fumes and is mentioned alongside asbestos and radon?

Urea-formaldehyde foam.