Chapter 2- Land use and Regualation

PETE

An acronym that stands for four government powers that can override property owner rights: Police power, Eminent domain, Taxation, and Escheat.

Police Power

The power of local and state governments to make laws that keep the community safe and healthy, like zoning laws.

Eminent Domain

The government's right to take private property for public use.

Condemnation

The legal process the government uses to take property through eminent domain.

Taking

A term from the Fifth Amendment about eminent domain, which says that the government must pay fairly for property it takes.

Ad Valorem Tax

A property tax based on how much a property is worth.

Mill

A way to measure property tax; it's equal to $\frac{1}{1000}$ of a dollar.

Equalization Factor

A number used to make sure property values are fair across a state or county.

Special Assessments

A tax for specific projects that only affects property owners who benefit from the work.

Transfer Tax Stamps

A tax that must be paid to record a deed; typically paid by the seller when selling a house.

1031 Tax Exchange

A tax rule from the IRS that lets you sell a property and use the money to buy another similar property without paying capital gains taxes.

Escheat

The process when the state takes over property of someone who dies without a will or heirs.

Will

A legal document that says how a person's belongings should be divided after they die.

Intestate

When someone dies without leaving a will.

Comprehensive Plan

A budget made by local governments to pay for things like homes, roads, and community facilities.

Zoning Ordinances

Rules about how land can be used, including size and style of buildings.

Density

How many people live in a certain area.

Planned Urban Development (PUD)

Land set aside for a mix of homes, businesses, and parks.

Buffer Zones

Areas that help different zoning areas blend into each other smoothly.

Zoning Permit

A document needed before building to ensure it fits zoning rules.

Building Permit

A document that shows a building meets size and safety rules.

Occupancy Permit

A permit that shows a building is safe to live or work in.

Building Codes

Safety rules for buildings that must be followed.

Deed Restrictions

Rules created by home associations about how properties should look and be used.

Non-Conforming Use

Permission for a building that doesn't follow new rules because it was built before those rules were made.

Conditional-Use Permit

Special permission to use a property in a way that isn’t normally allowed.

Variance

Permission to do something different to relieve hardships, like building closer to property lines.

Private Controls

Rules about how land can be used set by owners or associations, not the government.

CC&Rs

Rules recorded on property records that homeowners must follow.