Chapter 2 Flashcards
(20 cards)
Police power
the inherent authority to create regulations to protect the public health, safety and welfare
Enabling acts
laws passed by the state authorizing cities and counties to regulate the use of land
Privately owned real estate is regulated through
- land use planning
- zoning ordinances
- building codes
Master plan / Comprehensive plan
a long term guide or process that determines community goals, “Big Picture”
Zoning
the details of the comprehensive plan
Planned unit development (PUD)
a development where land is set aside for mixed use
14th amendment
prevents the states from depriving any person of life, liberty, or property without due process of law
5th amendment
eminent domain
Zoning ordinances
municipalities are adopting this to better plan subdivisions and residential properties to create a variety of properties for the public
Taking
when land is taken for public use through the governments power of eminent domain or condemnation, the owner must be compensated
Other words for “taking” are
- eminent domain
- condemnation
Variances
this provides relief if zoning ordinances have caused harm or created a burden for the owner
Conditional use permit
a grant to a property owner to allow for a special use of a property such as, a daycare at the home
Inverse condemnation
an action brought by the owner seeking compensation for land taken for a public use
Non-conforming use
any property that existed before the enactment or amendment of a zoning ordinance
Property owners may propose changes by using
- conditional use permit
- variances
Subdivision
the act of dividing land into pieces that are easier to sell or develop
Plats
a detailed map that illustrates the geographic boundaries of individual lots
Density zoning
restricts the average max number of houses per acre that may be built within a particular subdivision
Private use controls fall into 2 categories
- deed restrictions
- restrictive covenants
