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Public Restrictions on Ownership

Public Restrictions on Ownership. Chapter 4. Public Restrictions on Ownership. Four Basic Powers Four basic powers of government over real property Taxation Escheat Eminent domain Police power. Public Restrictions on Ownership. Property Tax - Ad Valorem Tax Property value assessment

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Public Restrictions on Ownership

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  1. Public Restrictions on Ownership Chapter 4

  2. Public Restrictions on Ownership • Four Basic PowersFour basic powers of government over real property • Taxation • Escheat • Eminent domain • Police power

  3. Public Restrictions on Ownership • Property Tax - Ad Valorem Tax • Property value assessment • Fair market value • Assessed value • Development of a budget and tax rate • Millage rate (1 mil = $1 per $1,000 of AV) • Tax digest - total value (assessed) of property in district • Tax billing and collection – Annually most common

  4. Public Restrictions on Ownership • Power of Escheat • Government’s right to acquire ownership of land when the landowner dies without an heir or a valid will • Power of Eminent Domain • Right of the government to take private property for public use upon the payment of just compensation • Inverse Condemnation

  5. Public Restrictions on Ownership • Police Power • Power to regulate use of private property to protect public health, safety, morals and general welfare

  6. Public Restrictions on Ownership • Elements of the Comprehensive General Plan • An analysis of projected economic development • The transportation plan to provide for necessary circulation • A public-facilities plan that identifies such needed facilities as schools, parks, civic centers, water and sewage disposal plants

  7. Public Restrictions on Ownership • Elements of the Comprehensive General Plan • A land-use plan • An official zoning map

  8. Public Restrictions on Ownership • Implementing the Comprehensive Plan • Comprehensive zoning (Zoning Districts) • Type of use (Res., Bus., Com., Ind.) • Intensity of use • Developmental density • Limitations • Height – feet or stories • Bulk regulations – total sq.ft. • Floor-area ratio - % site area • Minimum lot size and setback regulations

  9. Public Restrictions on Ownership • Zoning Changes • Legislative relief – request for rezoning • Administrative relief • Variances – special cases • Special permitted uses - churches • Judicial relief – sought from courts

  10. Public Restrictions on Ownership • Nonconforming Uses • Use that was legal in the past but not longer complies with current zoning • Building Codes • Establish standards for new construction • SBCC • Subdivision Regulations • Establish standards for subdivision of land • Infrastructure standards

  11. Public Restrictions on Ownership • Subdivision Approval Process • Preapplication conference • Approval of the preliminary plat - construction • Approval of the final plat • Mandatory Dedication • Infrastructure on completion • Required dedication of land for public purposes

  12. Public Restrictions on Ownership • Impact Fees • Assessments on new development for public facilities • Innovative Land-use Control Methods • Planned unit development – subdivision • Performance zoning - preservation • Incentive zoning – public use bonus • Transferable development rights – TDR’s

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