real estate investment chapter 2 land use controls © 2011 cengage learning
TRANSCRIPT
Real Estate Investment Real Estate Investment
Chapter 2Chapter 2
Land Use ControlsLand 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
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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.
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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.
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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.
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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.
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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
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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
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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
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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
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Government Influences on Land Use
Restrictions on Sewer and Water Lines
Water Restrictions
Sewage Disposal
Electricity and Natural Gas
The Green Revolution
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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.