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Real Estate WA Unit
Real Estate Wa Unit 5
| Question | Answer |
|---|---|
| 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. |
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