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Real Estate WA Unit

Real Estate Wa Unit 5

Public restrictions Use of real property are those associated with government intervention
Eminent Domain The power derived from the Fifth Amendment of the U.S. Constitution given to government agencies to take private property for public use or purpose.: Physical takings, regulatory takings, and conditions on development
Physical takings When the government actually takes and occupies private land for what is indisputably a public purpose.
Inverse condemnation The government appropriates land without payment, a landowner can seek compensation under a parallel legal theory
Regulatory taking Occurs when the government does not physically take private real property, but places an excessive amount of restrictions on the use that can be made of land.
Police power The power of the state to enact laws within constitutional limits to promote the order, safety, health, morals, and general welfare of our society per U.S. Const.
Three types of taking principles to land-use planning decisions Physical takings, regulatory takings, and conditions on development.
Comprehensive plan The starting point for land use and determines the physical development of the city or county. 
Elements with Comprehensive plan (8) Land use, housing, capital facilities, utilities, rural dev, transportation, ed. dev. and park and red.
Optional Elements in a comprehensive plan Conservation, solar energy, and recreation.
Zoning Protects the rights of property owners while promoting the general welfare of the community, "granddaddy"
Zoning ordinance Divides a city or county into different categories according to use and identifies what uses can and cannot be made on each parcel.
Zoning categories All of the possible classifications that might be given to any particular parcel of land. Typically 4 categories: Res., comm., industrial, and agricultural/rural.
Statement of Intent Lists of various kinds of allowances and limitations for each parcel creating a zoning designation.
Allowed Uses Following statement of intent - rights in that district
Permitted Uses Activities that a property owner can undertake w/o first having to get special permission.
Conditional Use Permit Uses that might be allowed if the owner gets a special permit. (CUP)
Prohibited Uses Any uses that are not listed as either allowed or conditional.
Spot zoning Occurs when a public entity makes the decision to change the zoning for a single parcel w/o considering the larger planning context.
Height Limits State how tall the buildings can be above the average grade.
Setbacks Limit how close a structure can be built to neighboring property lines.
Minimum lot size Limits how small the parcels can be in the property were subdivided.
Nonconforming Use Nonconforming uses that existed prior to the adoption of the current zoning that were lawful when established and are allowed to continue indefinitely.
Variance Local land use decision allowing a use that is not strictly in compliance with local zoning or building regulations.
Rezoning Converting the use of a property from one zoning category to another.
Planned development Large development containing clustered single-family detached residences, ...with open space, comm. facilities, and sometimes shopping and employment centers.
Plat Map or representation of a subdivision including public streets and other public areas, so necessities won't be a burden, streetlights, roads, etc.
Washington land Dev. Act RWC 58.19. A consumer protection law to protect them from being defrauded by developers.
Development Refers to land which is divided into 26 or more lots, parcels, or units offered as a part of a common promotional plan of advertising and sale.
Public Offering Statement Given to prospective purchasers at least 2 days before the closing of a sale of a lot.
Blanket Deed of Trust Deed of trust that covers more than one lot or parcel.
Partial Release Clause Releases certain lots from the lien of the trust deep upon payment of a specific portion of the debt.
Uses that are no longer allowed due to changes in zoning are conforming uses. TRUE or FALSE FALSE
State Building Code SBC - Sets the mandatory min. building, plumbing, mechanical, electrical, and fire codes for all juris. in the state.
Healthy Officer Enforces state and local health laws to ensure the safe and sanitary condition of all housing. Ventilation, overcrowding...
General Building Contractors Perform or supervise numerous building trades or crafts.
Specialty contractors Perform one building trade or craft.
Building Inspections Inspections made during the course of construction to ensure that the work meets building code and being built according to the plans.
Certificate of occupancy All codes and fees met and paid allowing people to move into the new building.
Environmentally Sensitive Lands Land and water areas containing natural features or ecological functions of such significance as to warrant their protection.
National Environmental Policy Act (NEPA)
NEPA also called Procedural Statue Changes only HOW federal agencies made decisions.
Categorical Exclusion
Environmental Assessment (EA) To see whether a federal project may significantly affect the environment.
Finding of no significant Impact (FONSI) If no EA is needed.
Environmental Impact Statement (EIS) The largest projects with the most potential to affect the environment significantly studies how a development will affect the ecology of its surroundings.
Clean Air Act est. 1970, Requires to establish national standards for clean air.
Clean Water Act (CWA) Regulates the discharge of pollutants into waters of the U.S.
Wetlands Areas where water covers the soil or is present either at or near the surface of the soil all year.
Shoreline The intersection of the land with the water (High water line)
Estuary Area where seawater and fresh water mix
Floodplain The low land adjacent to a river, lake, or ocean.
Coastal Zone Management Act (CZMA) 1972 Management of the nation's coastal resources, Grate lakes, and balances econ. dev. with environ. conservation.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) also called Superfund
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Established two trust funds to help finance the cleanup of properties that are impacted by the release of hazardous wastes and substances.
State Environmental Police Act (SEPA)
Determination of nonsignificance Projects that do not have the potential to cause significant impacts to the environment.
Shoreline Management Act Legislation that intends to maintain and preserve Washington’s shoreline by regulating development near these areas.
Shoreline master Programs Basic planning tools for new development in shoreline areas.
Substantial Development Permit Permit needed to be applied for if property is located in the shoreline area.
Type of use not allowed by a zoning ordinance Prohibited Use
The law giving the city or county authority to control the orderly and proper development of the community called The Subdivision Act
What clause do blanket deeds of trust usually have? Partial Release Clause.
Created by: Kids3
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