Land Use Controls - PowerPoint PPT Presentation

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Land Use Controls

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Title: Chapter 1 Author: Stephanie R. Yates Last modified by: Chris S Created Date: 11/12/2000 1:20:52 PM Document presentation format: On-screen Show – PowerPoint PPT presentation

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Title: Land Use Controls


1
Lecture 8
  • Land Use Controls

2
Lecture 8
  • Public Controls on Real Estate Use

3
Limits and Public Controls
  • 1. Police Power
  • 2. Eminent Domain
  • 3. Taxation and Assessment
  • 4. Escheat

4
Police Power
  • Enables governments to protect the public by
    regulating factors that can adversely affect the
    public health, morals, safety, and general
    welfare.
  • Four Types of Police Power
  • 1. Zoning Ordinances
  • 2. Subdivision Regulations
  • 3. Construction Codes
  • 4. Occupancy Codes

5
Police Power Zoning Ordinances
  • Elements of the Zoning Ordinance
  • Land Use Regulation Industrial, Commercial,
    Residential, Agricultural (may contain
    subcategories)
  • Height Regulations Specific to area (buildings
    in residential areas v. downtown areas v. near
    airports)
  • Area (bulk) Regulations Improvement-to-land
    coverage ratios, restrictions to land size and
    building setbacks

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10
Police Power Zoning Ordinances
  • Changes to Zoning Ordinances
  • Variances Hardship must be proven on height or
    area regulations
  • -Example Changes in setbacks
  • Rezoning Application Desired change in land use
  • -Example Single-Family Residential to
    Multi-Family Residential or Commercial
  • Nonconforming Use Real estate constructed and
    in use prior to governed land-use regulations

11
Police Power Subdivision Regulations
  • Local planning departments review and approve
    builders plans for developments within a
    Municipality in accordance with Comprehensive
    Plan.
  • Prevents construction on floodplains, areas of
    poor or inadequate drainage capacity, poor soil
    conditions
  • Prevents development in areas of overpopulation
    and lack of infrastructure
  • Reviews and approves plat maps (public records)

12
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13
Police PowerConstruction Codes
  • Imposed by local government. Specifies floors,
    walls, ceilings, roof structures, electrical and
    plumbing, etc.
  • Steps of Governance of Construction Codes
  • 1. Application for Building Permits
  • 2. Stages during construction
  • 3. Certificate of Occupancy

14
Police PowerOccupancy Codes
  • Designed to establish socially acceptable
    minimum standards for safe and healthy occupancy
    of existing and newly constructed buildings.
  • Condemned Buildings
  • Properties lacking required facilities

15
Eminent Domain
  • A right vested in the state government and given
    to a local government (even given to private
    agencies) to acquire possession of private
    property
  • Condemnation The ACT of converting private
    property to public property
  • Just Compensation Compensation equal to the
    value to the property

16
Eminent Domain
  • Forms of an Eminent Domain Take
  • 1. Full Taking
  • 2. Partial Taking
  • Legal Interests of an Eminent Domain Take
  • 1. Fee-Simple Take
  • 2. Perpetual Easement
  • 3. Temporary Construction Easement

17
Eminent Domain
  • Compensations Due to Property Owners
  • 1. Market value of the land and improvements
    being taken by Eminent Domain
  • 2. Severance damages to property from a change in
    development or property use
  • Cost to cure the severance damages (if feasible)
  • In Florida, owner reimbursed for legal fees,
    appraisers, land planners, etc.

18
Example of Severance Damages(BEFORE PARTIAL
TAKING)
SITE A 20 psf 2 Access Pts
SITE C 12 psf 1 Access Pt
SITE B 20 psf 2 Access Pts
19
Example of Severance Damages(AFTER PARTIAL
TAKING)
SITE A 12 psf 1 Access Pt
SITE C 12 psf 1 Access Pt
SITE B 20 psf 2 Access Pts
20
Taxation and Assessment
  • The taxation of real property to provide public
    services (I.e. schools, roads, etc.). Handled by
    office of the Property Appraiser.
  • Property Tax Lien Placed on real estate when
    delinquent taxes exist. Supercedes to any lien
  • Special Assessments Benefit to specific
    properties, not the general public (stormwater
    retention, streets, etc.)

21
Property Appraiser Web Sites
  • City of Jacksonville/Duval County
  • http//pawww.coj.net/pub/property/default.htm
  • St. Johns County
  • http//pa.co.st-johns.fl.us
  • Clay County
  • http//www.ccpao.com/ccpao/ccpao.asp

22
Escheat
  • Enacted when a property owner dies and does not
    leave a will (intestate), and no legal heirs can
    be found.
  • STATE GOVERNMENT ESCHEATS
  • THE PROPERTY FOR THE STATE

23
Lecture 8
  • Public Agencies Influence in the Real Estate
    Business

24
Roles of Federal Government
  • Antitrust Litigation (U.S. Justice Department)
  • Prevents setting fixed sales commission rates in
    a market
  • Mortgage Regulation (Federal Reserve Board, HUD)
  • RESPA, ECOA, Truth-In-Lending, Mortgage
    Disclosure Act
  • Right of Eminent Domain
  • Air and Water Controls (EPA)
  • Prevents Unfair Trade Practice (Federal Trade
    Commission)
  • Housing and Financing for Low- to Moderate-income
    families
  • FHA, VA, Farmers Home Loans
  • Promotes standards of construction quality

25
Roles of State Government
  • Controls over bundles of rights
  • Estates, Escheat, etc.
  • Right of Eminent Domain

26
Roles of Local Government
  • Levy ad Valorem Property Taxes and their
    distributions
  • School districts, special improvement districts,
    and townships can levy ad Valorem taxes.
  • Impose and enforce zoning and land use
    regulations
  • Impose and enforce building, subdivision, and
    safety regulations
  • Eminent Domain passed down by State Government

27
Lecture 8
  • Private Controls on Real Estate Use

28
Private Controls and Limits
  • Non-governmental units impose limits.
  • Three Major Types
  • 1. Easements
  • 2. Liens
  • 3. Restrictive Covenants

29
Private Controls Easements
  • An easement is the right of one person to use
    the property of another for a specified purpose
    and under certain conditions that specify the
    extent of the allowable usage. The person
    holding the easement does not possess the
    property, nor does that person have the right to
    dispose the property.
  • Two Types of Easements
  • 1. Runs with the land
  • 2. Does not Run with the land

30
Private Controls Easements
  • Easements which Run with the Land
  • (Can be passed from one owner to the next)
  • Easement Appurtenant At least two parcels,
    where one at least one parcel benefits from the
    use of another parcel
  • Dominant Estate Receives benefit from easement
    use
  • Servient Estate Allows use of land to benefit
    dominant estate
  • Commercial Easement in Gross A right-of-way
    over one piece of land
  • Railroads, pipelines, municipal utilities
  • Easements which do not Run with the Land
  • (Cannot be passed from one owner to the next)
  • Easement-in-gross Involves only ONE parcel of
    real estate cannot be sold

31
Private Controls Easements
  • Creation of Easements
  • 1. Express Agreement Contractual agreement
  • 2. Necessity of Implication Circumstances
    requiring legal efforts as easement is required
    for land access

32
Private Controls Liens
  • Right of a creditor to petition the courts to
    force the sale of a debtors property in order to
    obtain payment.
  • Specific Lien Affects specified real estate
  • Tax lien, mortgage lien, mechanics lien
  • General Lien Non-specific to specific real
    estate, but rather a specific asset holder

33
Private Controls Restrictive Covenants
  • Covenants placed in a deed of property
    conveyance.
  • Restrictions can be imposed on land use by a
    seller, who owns adjacent parcels
  • Restrictions can be imposed by a land developer,
    specially in residential developments
  • General plan restriction (filed with
    municipality)
  • Declaration of restrictions (referenced in deeds)
  • Promote uniformity in neighborhoods to increase
    property values
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