General - Chapter 1 Lesson 3 Flashcards
(30 cards)
Government Powers
PETE
Police Power
constitutional authority of state and local governments to enact and enforce laws that protect the public’s health, safety, morals, and general welfare
Examples of police power
licensing agents, enforcing codes, imposing ordinances, determining growth, and imposing environmental protections
Eminent Domain
constitutional power to take private property for public use
Condemnation
appropriation, legal proceeding by which the governments power of eminent domain is exercised (state + authorized agencies, municipalities, school districts, and fed gov) (extended to utility companies, railroads, etc)
Requirements for eminent domain
use and benefit of the public
prop owner is paid a fair and equitable price (just compensation/market value)
Condemnation cannot occur without
due process of law
taking
occurs when the gov acquires priv prop for public use by condemnation without just compensation
regulatory taking
occurs when the government limits the use of private property to the point that owner deprived of any economically reasonable use or value
easement
right to use someone’s land
taxation
the process of the government levying a charge on people, property, or activities to fund services
property taxes
imposed on prop owners by state and local gov (ad valorem)
special assessments
taxes levied against only specific properties that benefit from public improvement
escheat
title of property reverting to state because of no will/heirs
Zoning ordinances
laws that divide a city or county into diff areas for the purpose of imposing permitted uses and specifying requirements for compliance
zoning map
divides communities into designated zoning districts
description of permitted sues
designates what type of building is allowed in each district
zoning is the responsibility of
local entities
zoning ordinances are an example of the government’s…
police power
zoning specifications
lot sizes, front feet, building height, setback requirements, floor area ratio, density, buffer zones
zoning law is constitutional only if…
applies in the same manner to all similarly situated property owners
Zoning Exceptions: nonconforming use
allows existing use to contine
Zoning Exceptions: Variance
allows minor deviations
Zoning Exceptions: conditional use
new but beneficial use