Real Estate Notes: PSI Exam Prep: Land Use Controls Part 1
This deck covers key concepts related to land use controls, including types of taxes, government powers, zoning regulations, and planning processes essential for real estate exam preparation.
These are taxes based on the value of the real estate.
Key Terms
These taxes are imposed only on properties that benefit from the improvement, such as a tax to installat a sewer line or city water line on one specific street. Other examples may include paved streets, curbs, sidewalks, or street lighting.
Special assessment taxes
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| Term | Definition |
|---|---|
These are taxes based on the value of the real estate. | Ad valorem (To value) taxes |
These taxes may pay for items such as schools, police, fire, etc. | General property taxes |
These taxes are imposed only on properties that benefit from the improvement, such as a tax to installat a sewer line or city water line on one specific street. Other examples may include paved streets, curbs, sidewalks, or street lighting. | Special assessment taxes |
These type of liens take priority over all other property liens in most states. | Property tax liens |
The government’s power to take private land for public use. | Eminent domain |
The process of taking title and physical possession of private property using the government’s power of eminent domain. | Condemnation action |
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 cause the property to lose economic value. | Inverse condemnation |
The state’s power to take the property of a decedent who dies without a will, heirs, or creditors. | Escheat |
It is the government’s authority, at any level, to do what it can to ensure the health, safety, and welfare of its citizens. | Police power |
These power includes licensing, public services, zoning, and building codes. | Police power |
It is a police power exercised by a state, county, city, or town government that classifies land based on its current or intended usage. | Zoning |
local laws or regulations that implement the comprehensive plan by regulating zoning and land use and are usually enforced at the city level. it regulate things like lot size, building height, and permitted uses within each zoning classification on a zoning map and may not violate the federal Fair Housing Act. | Zoning ordinances |
This is often monitored by requiring developers to make application for permits, which are only granted if they’re not at odds with zoning ordinances. | Zoning compliance |
What are the zoning classification? | Residential Commercial Combination/mixed use Industrial Open space Agricultural Parkland Recreation area |
It allows otherwise prohibited development in return for the developer providing a community benefit. | Incentive zoning |
regulates the density of a given area by requiring certain building height limitations, lot width, setback requirements, etc. it applies to both residential and commercial zoning. | Bulk zoning |
It is a way to ensure the visual and architectural consistency of an area. | Aesthetic zoning |
It is the process of assigning a lower-density use zone to an area previously allowing a higher density. | Downzoning |
It refers to a number of things per unit, such as houses per acre. | Density zoning |
It rezones a specific property for use within another zoning area. | Spot zoning |
It deviates from current zoning but is grandfathered in. | Nonconforming use |
It temporarily halts new property development. | Moratorium (moratory or delay) |
It allows use that’s not normally permitted but is considered an “allowable” use within that zoning. | Special use permit (aka conditional use permit) |
Typically granted when the zoning has created a hardship or burden on the property owner. | Variance (aka use variance) Permitted deviation |
They develop the master plan (also known as comprehensive plan), which includes a budget. | The planning board |