Government Rights in Land

Question 1

enacted in 1968, protects consumers from fraud and abuse in interstate land sales by requiring developers to register subdivisions with the Consumer Financial Protection Bureau (CFPB) and provide prospective buyers with a “Property Report” before signing a contract.

Answer 1

The Interstate Land Sales Full Disclosure Act (ILSA)

Question 2

The authority of all levels of government to act on behalf of the health, safety, and welfare of its citizens

Answer 2

police power

Question 3

True or False: Land and open space, planning and zoning, and subdivision development are controlled at the state level.

Answer 3

false they are controlled locally

Question 4

The transfer of real property ownership without the owner’s consent (e.g., foreclosure)
Ex. Boris tried everything he could to keep his home, but he just couldn’t keep up with his mortgage payments and eventually lost the home to foreclosure, which is a type of ___________.

Answer 4

involuntary alienation

Question 5

The power of the government to take private property for public use

Answer 5

eminent domain

Question 6

Governmental appropriation of property; a ________ may or may not use the power of eminent domain

Ex. The state government planned to take several properties in order to build the new state highway, but the Takings Clause in the Fifth Amendment required it to give compensation to the owners in exchange for the title.

Answer 6

taking

Question 7

The taking of a property under eminent domain

Answer 7

condemnation

Question 8

The government takes private property but fails to compensate the owner; property owners are forced to file suit to obtain compensation. The taking may be physical through occupation, or regulatory, where government regulations deprive the owner of the property’s beneficial use and cause the property to lose its economic value

Answer 8

inverse condemnation

Question 9

the process of taking legal action

Answer 9

litigation

Question 10

The state’s power to claim the estate of a deceased person who left no will, heirs, or creditors

Answer 10

escheat

Question 11

Minimum standard construction rules intended to ensure a safe, properly functioning environment for building occupants

Answer 11

building code

Question 12

Sale or lease of fewer than 25 lots in a subdivision
Sale or lease of improved lots with a residential, commercial, condominium, or industrial structure, or the contract requires a structure to be built within two years
Real estate investment trusts’ securities sale
Government sales
Sale or lease of lots to builders
Sale or lease of real property zoned for commercial or industrial development
Cemetery lot sales

These are all exemptions to what act

Answer 12

The Interstate Land Sales Full Disclosure Act, passed in 1968