Land Use Controls & Regulations

Police power

State's authority to provide for the general welfare of the community

Zoning

Regulations controlling how land is used

Taxation

Government power to raise revenue for municipal expenses

General real estate taxes

Taxes on property assessed at its value

Special assessment tax

Tax for certain improvements like sidewalks or streetlights

Eminent domain

Taking of title to real property for public or private use

Escheat

Transfer of property ownership to the state when an individual dies intestate

Nonconforming use

Continuing a prior use after a zoning change

Variance

Allows for a use other than the primary zoning category

Conditional use

Allows for a more restrictive use with a permit that can be revoked

Spot zoning

Rezoning a small area to allow it to coexist within a different zoning area

Setback

Specified distance a building must be from a property line

Buffer zone

Area that separates one land use from another

Zoning ordinances

Municipal regulations governing zoning and land-use requirements

Building codes

Local requirements for construction standards

Building permits

Required to begin new construction or significant renovations

Certificate of occupancy (CO)

Required for residents to move into a newly constructed or renovated building

Riparian rights

Rights of an owner to use a flowing watercourse that borders the property

Littoral rights

Rights of an owner to use frontage to an ocean, sea, or large lake

Terms of addition

Terms related to the increase of land through natural processes

Terms of reduction

Terms related to the decrease of land through natural processes

Riparian-rights doctrine

All owners bordering a river or stream have equal rights to use the water

Judgmental lien

Lien resulting from a court order to pay a certain amount to a creditor

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

Establishes prohibitions, requirements, and liabilities concerning hazardous waste sites

Superfund Amendments and Reauthorization Act

Addresses permanent remedies and innovative treatment technologies for hazardous waste sites

Resource Conservation and Recovery Act (RCRA)

Regulates hazards involved with municipal and industrial waste

Underground Storage Tank (UST)

Regulates underground storage tanks

Leaking Underground Storage Tank (LUST) Trust Fund

Trust fund for UST sites

Oil Pollution Act (OPA)

Regulates responses and responsibilities for oil contamination

Lead-based paint

Banned in 1978, requires disclosure in sales contracts and leases

Asbestos

Addressed by abatement, encapsulation, or removal

Radon gas

Colorless, odorless gas that can cause lung cancer

Toxic mold

Mold that infects humid wall spaces

Urea formaldehyde foam insulation (UFFI)

Insulation used until the late 1970s, must be disclosed

Private controls

Encumbrances, liens, easements, and encroachments

Private restrictions

Deed restrictions, covenants, and association rules