Land use controls, property transfer & title flash cards

PETE

The four powers of government: Police Power, Eminent Domain, Taxation, and Escheat.

Police Power

The government's power to regulate property to protect health, safety, welfare, and morals.

Eminent Domain

The government's power to take private property for public use with compensation.

Taxation

A charge on real estate used to pay for government services.

Escheat

Property goes to the state when someone dies without a will or heirs.

Police Power vs. Eminent Domain

Police power requires no compensation; eminent domain requires reasonable compensation.

Zoning

The regulation of private land use and development by local government.

Master Plan

A long-term plan for the development of a particular area.

Zoning Ordinance

Laws controlling land use and development, including height, setbacks, density, and other requirements.

Residential Zoning

Zoning for homes and residential properties.

Commercial Zoning

Zoning for businesses and commercial properties.

Agricultural Zoning

Zoning for farming and agricultural uses.

Industrial Zoning

Zoning for manufacturing and industrial uses.

Special Purpose Property

Property intended to benefit the public, such as schools, hospitals, and police stations.

Setback

The required distance between a structure and a road, sidewalk, or property boundary.

Density

The number of homes or units allowed per acre of land.

Floor Area Ratio (FAR)

The ratio of a building's total floor area to the land area.

Buffer

A separation between two lots, such as a fence, wall, or row of trees.

Buffer Zone

Land separating two different use districts.

Down-Zoning

A zoning change that permits less intensive development.

Variance

An exception to zoning rules granted for an exceptional situation.

Variance Example

A setback variance may allow construction when a lot cannot meet the normal setback requirement.

Eminent Domain

The government's power to seize private property for public or civic use.

Just Compensation

Payment to a property owner for property taken through eminent domain.

Reasonable Compensation

Compensation for property taken through eminent domain, usually based on fair market value.

Condemnation

The legal process by which property is taken through eminent domain.

Condemnation of a Building

A declaration that a building is legally unfit for human habitation.

Inverse Condemnation

When the government takes property but fails to provide just compensation.

Inverse Condemnation Remedy

The property owner sues the government to obtain just compensation.

Common Uses of Eminent Domain

Public utilities, highways, and railroads.

Trust Deed

A security instrument where the borrower gives legal title to a trustee for the lender.

Trustor

The borrower who signs the deed of trust.

Trustee

A neutral third party who holds legal title for the benefit of the lender.

Beneficiary

The lender in a deed of trust.

Legal Title

The ownership interest held by the trustee in a deed of trust.