Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Unit 7: Interests in Real Estate > Governmental Powers > Flashcards

Governmental Powers Flashcards

1
Q

What are the four government powers that place limitations on the ownership rights of real estate?

A

1) Police Power
2) Eminent Domain
3) Taxation
4) Escheatment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

___ of real estate are imposed for the general welfare of the community.

A

Limitations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

___ of real estate ensure that one owner’s use or enjoyment of the property does not interfere with others’ use or enjoyment with their property, or with the welfare of the general public.

A

Limitations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Limitations on ownership of real estate supersede the rights or interests of the ___.

A

Individual

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

___ refers to the government’s right to impose laws, statutes, and ordinances.

A

Police power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

___ is a governmental power used to enact environmental protection laws.

A

Police Power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

___ is a governmental power used to enact zoning ordinances.

A

Police Power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

___ is a governmental power used to enact building codes.

A

Police Power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Regulations governing the use, occupancy, size, location, and construction of real estate fall within government ___.

A

Police powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

___ is the right of the government to acquire privately owned real estate for public use, private or economic development purposes.

A

Eminent domain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

___ is the process where the government exercises its right to eminent domain.

A

Condemnation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

___ is the actual process of the government exercising their right to take an owner’s real estate away by judicial or administrative proceedings.

A

Condemnation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

If the government takes property, ___ must be paid to the owner.

A

Compensation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

With eminent domain, the government purchases property for a price considered fair by the ___.

A

Owner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

If an owner’s consent cannot be obtained for the government to take their property, the government can initiate ___ proceedings to acquire the property.

A

Condemnation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

A(n) ___ is a summary proceeding permitted by Illinois law in which a plaintiff (condemner) may obtain immediate fee simple title to real property, including the rights of possession and use.

A

Quick-take

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

In a quick-take, the plaintiff must ___ with the county treasurer, which is preliminarily considered by the court to be compensation.

A

Deposit a sum

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

If the Illinois Toll Highway Authority plans to take property to construct, maintain, or operate a highway, a(n) ___ proceeding might be appropriate.

A

Quick-take

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

If a sanitary district plans to take property to remove an obstruction from the Des Plaines River, a(n) ___ proceeding might be appropriate.

A

Quick-take

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

If O’Hare airport plans to take property to provide additional land for the construction of a new runway, a(n) ___ proceeding might be appropriate.

A

Quick-take

21
Q

___ and ___ are given the power of eminent domain in Illinois.

A

Local units of government and quasi-governmental bodies

22
Q

Generally, states delegate their power of eminent domain to ___ and ___ responsible for various facets of public service.

A

Quasi-public bodies and publicly held companies

23
Q

Kelo v City of New London held that local governments can dondemn homes and businesses for…

A

private or economic development purposes

24
Q

In Illinois, the ___ places the obligation on the government to prove that an area is blighted before forcing property owner’s to sell their property for private development projects.

A

Equity in Eminent Domain Act

25
Q

In Illinois, the ___ helps owners receive fair market value for their property, and requires relocation costs for displaced residents and businesses.

A

Equity in Eminent Domain Act

26
Q

In Illinois, the Equity in Eminent Domain Act pays ___ when property owners successfully sue to keep their property.

A

Attorney fees

27
Q

___ is a charge on real estate to raise funds to meet the public needs of a government.

A

Taxation

28
Q

Nonpayment of real estate taxes may give the government power to claim ___ in the subject property.

A

Interest

29
Q

___ is the reversion of property to the state or county in cases where a dependent dies without heirs capable of inheriting.

A

Escheat

30
Q

___ is the reversion of property to the state or county in cases when the property is abandoned.

A

Escheat

31
Q

In Illinois, real property will escheat to the ___.

A

County

32
Q

If an owner dies and has no will or living trust directing how their real estate will be distributed, the process of ___ allows the state or county to acquire that property.

A

Escheatment

33
Q

___ is intended to prevent property from being ownerless or abandoned.

A

Escheatment

34
Q

___ is the community/ municipalities right to enact and enforce laws governing land use.

A

Police power

35
Q

___ is the community/ municipalities right to enact and enforce laws governing planning, zoning, and building codes.

A

Police Power

36
Q

___ is the governmental power that determines how land can be developed.

A

Police Power

37
Q

___ is the governmental power referring to public control of land.

A

Police Power

38
Q

___ is the right to take private land for public use.

A

Eminent Domain

39
Q

Condemnation is the process used to enact ___.

A

Eminent Domain

40
Q

A quick take is a rapid ___ in Illinois.

A

Condemnation

41
Q

A(n) ___ is a rapid condemnation used when there is an urgent need for property in Illinois.

A

Quick take

42
Q

In a quick take, property is seized through ___.

A

Condemnation

43
Q

Property taxes are paid to the ___ where the property is located.

A

County

44
Q

Property taxes are enforced by a(n) ___.

A

Foreclosable lien

45
Q

The order in which liens are paid off when a property is sold is referred to as…

A

Priority of liens

46
Q

Property taxes always have ___ over all other liens.

A

Top priority

47
Q

___ is exercised when an owner dies without a will nor heirs.

A

Escheat

48
Q

In Illinois, if a property owner dies without a will and has no heirs, the property is acquired by…

A

the county

Unit 7: Interests in Real Estate (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions