real estate investment chapter 2 land use controls © 2011 cengage learning

12
Real Estate Real Estate Investment Investment Chapter 2 Chapter 2 Land Use Controls Land Use Controls © 2011 Cengage Learning

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Page 1: Real Estate Investment Chapter 2 Land Use Controls © 2011 Cengage Learning

Real Estate Investment Real Estate Investment

Chapter 2Chapter 2

Land Use ControlsLand Use Controls

© 2011 Cengage Learning

Page 2: Real Estate Investment Chapter 2 Land Use Controls © 2011 Cengage Learning

© 2011 Cengage Learning

Key Terms

Alienation

Building codes

Condemnation

Deed restriction

Eminent domain

Environmental impact statement

Government influences

Sewer and drinking water services

Subdivision

Variance

Zoning laws

Page 3: Real Estate Investment Chapter 2 Land Use Controls © 2011 Cengage Learning

© 2011 Cengage Learning

History of Land Use Controls

In early U.S. times, most land owned by governments.

Movement West caused small towns to grow.

In the East, focus of controls was on orderly development of streets and infrastructure.

It became apparent that the layout of streets and location of utility systems could be more efficiently accomplished by imposing land use controls.

Page 4: Real Estate Investment Chapter 2 Land Use Controls © 2011 Cengage Learning

© 2011 Cengage Learning

Zoning

Typically, a municipal zoning law is under the control of a regulatory body, usually a zoning commission.Generally, the basic designations are residential, commercial, industrial, and agricultural.Zoning laws may be changed.Or a property owner may seek a variance.

Page 5: Real Estate Investment Chapter 2 Land Use Controls © 2011 Cengage Learning

© 2011 Cengage Learning

Building CodesBuilding Codes

Intended to protect the public against low quality or dangerous construction.

Provide minimum standards for structural loads, ventilation, electrical installation, plumbing, and fire protection.

Code requirements don’t end when construction is complete.

they continue during its use

The methods of enforcement vary with the community.

Page 6: Real Estate Investment Chapter 2 Land Use Controls © 2011 Cengage Learning

© 2011 Cengage Learning

Subdivision Requirements

Flood control districts have been created and given authority to set minimum requirements in land development.

The FHA and the VA have set minimum standards for the subdivisions in which they will agree to underwrite homes.

OILSR has disclosure requirements for larger land developments.

Page 7: Real Estate Investment Chapter 2 Land Use Controls © 2011 Cengage Learning

© 2011 Cengage Learning

Planning

The implementation of zoning laws requires a certain amount of community planning, early zoning’s emphasis on the status quo gave little encouragement to the concept of urban or regional planning.

The 701 Program

Page 8: Real Estate Investment Chapter 2 Land Use Controls © 2011 Cengage Learning

© 2011 Cengage Learning

Restrictions by Private Agreement

Deed restrictions

Limitations of private agreements

Ski Masters of Texas vs. Heinemeyer

Termination of restrictionsFailure to enforce

Agreement of the parties

New zoning requirements

Condemnation or other legislative action

Page 9: Real Estate Investment Chapter 2 Land Use Controls © 2011 Cengage Learning

© 2011 Cengage Learning

Eminent Domain

Public authority negotiates with property owner to determine acceptable price for the property.

Sometimes government permits eminent domain by private and quasi-public companies that serve a public need.

Kelo versus the City of New London

Page 10: Real Estate Investment Chapter 2 Land Use Controls © 2011 Cengage Learning

© 2011 Cengage Learning

Do Restrictive Rules Classify as a Taking?

In 1987, the U.S. Supreme Court ruled that land use officials may be liable for damages if zoning regulations prevent landowners from using their property.

First English Evangelical Lutheran Church

Lucas v. South Carolina Coastal Council

Page 11: Real Estate Investment Chapter 2 Land Use Controls © 2011 Cengage Learning

© 2011 Cengage Learning

Government Influences on Land Use

Restrictions on Sewer and Water Lines

Water Restrictions

Sewage Disposal

Electricity and Natural Gas

The Green Revolution

Page 12: Real Estate Investment Chapter 2 Land Use Controls © 2011 Cengage Learning

© 2011 Cengage Learning

Environmental Impact Statement

National Environmental Policy Act of 1969 requires the preparation of an EIS for any major federal project that will affect the environment.

Copies are commonly submitted to the affected school district, water department, sewage control district, flood control district, and highway department.