3 Hawaii laws, land use, & controls

What are private land use controls? (3 regulations)

-subdivision regulations

-CC&Rs: conditions, covenants & restrictions

-HOA regulations

more on CC&Rs

conditions: are contingencies which a property could be lost if a condition is violated.

Covenants: agreements between 2 or more parties

Restriction (deed restriction) limits the use or appearance of a property, individual or entire subdivision or neighborhood (ex: HOA)

Public land use controls (ways gov. implement controls)

-Police Power

-Eminent Domain

-Taxation

-Escheat

-Taking

-zoning

-building code regulations and permits

police power

government's authority at federal, state, and local level to do what it can to ensure the health, safety and welfare of its citizens

eminent domain

Power of a government to take private property for public use through process of condemnation

Escheat

type of police power that allows the state to take property of deceased persons who dies without a will, heirs, or debts

building code & permits

government addresses method of construction, materials used, and safety standards to ensure safe, properly functioning environment for buildings occupants

taking

when a governments authority to regulate private property causes detriment to the landowner

Taxation

government power to meet the needs for public works by funding through a stable source of income that shares the burden among the many

Zoning (what is zoning)

specific classification divisions based on land usage

Zoning Classifications (5) (classifications are general types of property)

-agricultural

-commercial

-industrial

-institutional

-open space

Zoning Ordinances (types of zoning for all classifications)

-aesthetic zoning

-bulk zoning

-downzoning

-incentive zoning

-spot zoning

-variance zoning

-non-conforming use zoning

aesthetic zoning:

creates cohesive neighborhoods and districts, preserves the feel of neighborhoods

Bulk Zoning:

(bulk = density)

restricts the density of buildings in an area through buildings design requirements

Downzoning:

Process of assigning a lower-density use zone to an area that previously allowed higher density

Incentive Zoning:

Where a municipality will allow an otherwise prohibited type of construction if the developer will give the municipality something back

Spot Zoning:

Allows one property in an area to be zoned differently than the rest.

Use Variance zoning:

Permission to use or develop land for a purpose other than that permitted by current zoning restrictions.

Area Variance zoning:

Permission to use land in a way not normally allowed by current zoning laws.

Non-conforming use zoning:

A use that existed prior to the current zoning by-laws but is allowed through the concept of grandfathering.

environmental legislation agencies (3)

CERCLA

SARA

EPA

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EPA (Environmental Protection Agency)

requires federally funded construction projects have an environmental impact statement (EIS) be done before developing a new site, describes and analyzes environmental effects of new construction.

Four phases of EIS

-investigation

-testing

-clean up

-management

Strict Liability (who is liable for damages or clean up)

property owner responsible for clean up no matter who is at fault

Joint and Several Liability

Each of the responsible parties is personally responsible for damages.

retroactive liability

both current and previous owners are liable

(in all cases EPA can hire contractors, do clean up and then bill responsible party

Hawaii land use governance (agencies and/or acts)

-Dept of land and natural resources

-Hawaii Land Use Act

-Hawaii land use commission

-(land use districts) conservation, rural, agricultural, urban