05 Flashcards
(12 cards)
the legal process through which the government seizes land from a property owner.
condemnation
a type of land use regulation created by a private party during the conveyance of property.
deed restrictions
the power of government to seize private property for public use; government must pay property owner just compensation for exercising power.
eminent domain
the legal doctrine by which the decedent’s property will pass to the state without their consent if that individual dies without a will, a surviving spouse, lineal descendants, or other known heirs.
escheat
the name for conditions in which the owner of a property died without having left a valid will.
intestate
the government right to regulate and restrict land use in order to protect the public; right includes the power to enforce zoning and building codes.
police power
land from the surface to the center of the earth and upward into space, all attachments, and the bundle of legal rights of ownership.
real property
permission granted by the government so that property may be used in a manner not allowed by the current zoning.
variance
the division of land within a jurisdiction into separate districts within which uses are permitted, prohibited, or permitted with conditions.
zoning
a document that contains all essential information about the property, such as distance over paved roads to nearby communities, number of homes currently occupied, soil conditions affecting foundations and septic systems, type of title a buyer will receive, and existence of liens; under the Interstate Land Sales Full Disclosure Act, developers of 25 or more lots must provide the prospective purchaser with a property report before they sign the contract.
property report
a federal law that provides broad authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment; aka the Superfund.
Comprehensive Environmental Response, Compensation, and Liability Act (CERLA)
the act of remedying or reversing something, often employed in response to environmental damage.
remediation