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Questions and Answers
What is the total millage rate applied to the property?
What is the total millage rate applied to the property?
What does the term 'millage' refer to in real estate?
What does the term 'millage' refer to in real estate?
What is the assessed value of the property?
What is the assessed value of the property?
What is the taxable value of the property?
What is the taxable value of the property?
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How are special assessments typically levied?
How are special assessments typically levied?
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What kind of community development districts (CDDs) are often found in large subdivisions?
What kind of community development districts (CDDs) are often found in large subdivisions?
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What is a potential concern related to property taxes?
What is a potential concern related to property taxes?
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What is the primary service NOT provided by the CDDs in The Villages?
What is the primary service NOT provided by the CDDs in The Villages?
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Which of the following is NOT a characteristic of Form Based Zoning?
Which of the following is NOT a characteristic of Form Based Zoning?
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What is a common criticism of Impact Fees levied by municipalities?
What is a common criticism of Impact Fees levied by municipalities?
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Which of the following are examples of Performance Standards?
Which of the following are examples of Performance Standards?
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Which of the following is a feature of Form Based Zoning?
Which of the following is a feature of Form Based Zoning?
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What type of land use control would likely be utilized to prevent overdevelopment in a sensitive ecological area?
What type of land use control would likely be utilized to prevent overdevelopment in a sensitive ecological area?
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Which of the following cities is mentioned as an example of a community that implemented Form Based Zoning?
Which of the following cities is mentioned as an example of a community that implemented Form Based Zoning?
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How does Form Based Zoning differ from traditional zoning?
How does Form Based Zoning differ from traditional zoning?
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What is a significant impact of the "spaceship earth" scenario as described in the content?
What is a significant impact of the "spaceship earth" scenario as described in the content?
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Which of the following environmental regulations was established in the late 1960s?
Which of the following environmental regulations was established in the late 1960s?
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What does the acronym LUST stand for?
What does the acronym LUST stand for?
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According to the Pennsylvania Coal Company v Mahon case, what must be balanced when regulating property rights?
According to the Pennsylvania Coal Company v Mahon case, what must be balanced when regulating property rights?
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What is the term used when an owner of severely regulated property sues the government to force the use of eminent domain?
What is the term used when an owner of severely regulated property sues the government to force the use of eminent domain?
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Which of the following is NOT a concern about the excessive use of eminent domain?
Which of the following is NOT a concern about the excessive use of eminent domain?
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In what year did the US Supreme Court allow condemnation of “blighted areas” for private redevelopment?
In what year did the US Supreme Court allow condemnation of “blighted areas” for private redevelopment?
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Which of the following is NOT a reason for the condemnation of “blighted areas” for private redevelopment?
Which of the following is NOT a reason for the condemnation of “blighted areas” for private redevelopment?
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What landmark Supreme Court case in 2005 reaffirmed the government's right to use eminent domain for economic development?
What landmark Supreme Court case in 2005 reaffirmed the government's right to use eminent domain for economic development?
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What was the primary consequence of the Supreme Court decision in Kelo v. City of New London?
What was the primary consequence of the Supreme Court decision in Kelo v. City of New London?
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What is the primary source of revenue for local governments?
What is the primary source of revenue for local governments?
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Which of the following is NOT a characteristic of property taxes?
Which of the following is NOT a characteristic of property taxes?
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What makes property taxes considered "countercyclical"?
What makes property taxes considered "countercyclical"?
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Which of the following types of properties are generally exempt from property taxes?
Which of the following types of properties are generally exempt from property taxes?
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The formula used to calculate the property tax rate includes which of the following?
The formula used to calculate the property tax rate includes which of the following?
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Which of the following is NOT a characteristic of local government revenue from property taxes?
Which of the following is NOT a characteristic of local government revenue from property taxes?
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What is the primary implication of the Kelo decision in regards to eminent domain?
What is the primary implication of the Kelo decision in regards to eminent domain?
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What is a nonconforming use in zoning?
What is a nonconforming use in zoning?
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What is a variance in zoning?
What is a variance in zoning?
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What is "amortization" in relation to nonconforming uses?
What is "amortization" in relation to nonconforming uses?
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What is exclusionary zoning?
What is exclusionary zoning?
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What is the USSC case that established the legality of zoning?
What is the USSC case that established the legality of zoning?
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What is a major criticism of land use controls?
What is a major criticism of land use controls?
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What environmental event is credited with accelerating the development of land use controls in the 1960s?
What environmental event is credited with accelerating the development of land use controls in the 1960s?
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What is a key tension in land use planning?
What is a key tension in land use planning?
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Which of the following is NOT a market failure resulting from incomplete information in real estate?
Which of the following is NOT a market failure resulting from incomplete information in real estate?
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What is the primary purpose of building codes?
What is the primary purpose of building codes?
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Which of these is a feature of traditional zoning?
Which of these is a feature of traditional zoning?
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What is a common characteristic of building codes and zoning?
What is a common characteristic of building codes and zoning?
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Which of the following is a potential cause of market distortion in real estate?
Which of the following is a potential cause of market distortion in real estate?
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What is an example of an "externality" in real estate?
What is an example of an "externality" in real estate?
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How does "uncertainty of residential values" contribute to market failures in real estate?
How does "uncertainty of residential values" contribute to market failures in real estate?
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What is the role of the planning and zoning commission?
What is the role of the planning and zoning commission?
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What is the primary purpose of subdivision regulations?
What is the primary purpose of subdivision regulations?
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What is the main difference between a planning and zoning commission and a board of adjustment?
What is the main difference between a planning and zoning commission and a board of adjustment?
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Flashcards
Eminent Domain
Eminent Domain
The power of the state to seize private property for public use.
Kelo Case
Kelo Case
Supreme Court case allowing non-blighted property takings for redevelopment.
Property Taxes
Property Taxes
Taxes imposed on real estate by local governments, based on property value.
Property Tax Exemptions
Property Tax Exemptions
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Tax Rate Determination
Tax Rate Determination
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Impact of Property Taxes
Impact of Property Taxes
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Local Government Revenue
Local Government Revenue
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Shift of Authority
Shift of Authority
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Clean Air Act
Clean Air Act
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Comprehensive Environmental Response and Liability Act (CERCLA)
Comprehensive Environmental Response and Liability Act (CERCLA)
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Condemnation
Condemnation
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Public Use vs. Public Purpose
Public Use vs. Public Purpose
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Kelo v. New London
Kelo v. New London
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Hazardous Materials
Hazardous Materials
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Occupational Safety and Health Act (OSHA)
Occupational Safety and Health Act (OSHA)
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Performance Standards
Performance Standards
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Impact Fees
Impact Fees
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Growth Restrictions
Growth Restrictions
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Form Based Zoning
Form Based Zoning
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Development Density
Development Density
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Street Character
Street Character
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Natural Character
Natural Character
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Urban Core Character
Urban Core Character
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Assessable Value
Assessable Value
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Taxable Value
Taxable Value
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Millage Rate
Millage Rate
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Special Assessments
Special Assessments
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Community Development District (CDD)
Community Development District (CDD)
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Lien Priority
Lien Priority
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Example of Special Assessment
Example of Special Assessment
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Regressive Tax
Regressive Tax
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Public Review
Public Review
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Nonconforming Use
Nonconforming Use
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Variance
Variance
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Exclusionary Zoning
Exclusionary Zoning
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Market Failure
Market Failure
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Environmental Movement
Environmental Movement
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Changing Planning Practices
Changing Planning Practices
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The Village of Euclid vs Ambler Realty
The Village of Euclid vs Ambler Realty
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Spillover Effects
Spillover Effects
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Natural Monopoly
Natural Monopoly
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Incomplete Information
Incomplete Information
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Externalities
Externalities
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Zoning
Zoning
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Building Codes
Building Codes
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Subdivision Regulations
Subdivision Regulations
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Board of Adjustment
Board of Adjustment
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Site Plan Review Board
Site Plan Review Board
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Study Notes
Government Controls and Real Estate Markets
- Land use is one of the most regulated activities in society due to spillover effects, uniqueness of locations, unknown quality/condition of structures, and instability of land uses around residential neighborhoods.
- Government control impacts ownership, including aspects like eminent domain, police power, and taxation.
- Private limitations include liens, deed restrictions, easements, and leases.
Limitations on Ownership
- Government controls include eminent domain, police power, and taxation.
- Private limitations include liens, deed restrictions (and HOA), easements, and leases.
Features of Real Estate Causing Market Distortions
- Spillover effects from nearby land uses
- Uniqueness of location (absolute monopoly)
- Unknown quality/condition of existing structures
- Instability of land uses around residential neighborhoods
Resulting Market Failures in Real Estate
- Monopoly (utilities as "natural" monopolies)
- Holdouts in land assembly (roads, other public uses)
- Incomplete information: Construction quality is hidden; buyers can't judge natural risks (hurricanes, earthquakes, fires), safety of structures (wind tolerance, resilience, fire safety), and present physical condition.
More Market Failures (continued)
- Externalities ("spillovers" for which the initiator is not held accountable): Traffic congestion, storm runoff, emissions (noise, light, smoke, gases), urban sprawl, disorderly extension of urban infrastructure
- Uncertainty of residential values: Fixed location magnifies vulnerability to externalities, including undesirable structures/land uses/households nearby (e.g. students).
Traditional Land Use Controls: Building Codes
- Older than zoning (circa 1900).
- Safety issues, including fire (materials, alarms, electrical and gas systems), sanitation (plumbing, water, and HVAC requirements), and injury (design and strength).
- Continuously evolve based on factors like hurricane events (e.g., Hurricane Andrew, 2004-5 hurricanes, Katrina), new technology (e.g., smoke detectors), and changing perceptions of needs (e.g., smoke detector requirements, climb-through bedroom windows).
Traditional Land Use Controls: Zoning
- Features of traditional zoning include use classifications (residential, commercial, industrial, automotive), use districts (zoning maps), setback requirements (side, front, and back), bulk (density) limits, minimum lot size, height limits, maximum floor area ratios, zoning diagrams, and special use districts (service stations, hospitals, churches, private schools, cemeteries).
Traditional Land Use Controls: Subdivision Regulations
- Standards for streets, sewers, and water systems.
- Adequate water supply for fire safety
- Adequate drainage and runoff retention
- Open spaces
- Lot layout
- Easements for utilities
- Traffic and pedestrian safety.
Traditional Land Use Controls: Planning and Zoning Administration
- Ordinance creating a planning/zoning commission.
- Appointed by elected officials.
- Advisory to elected officials.
- Oversees implementation of the ordinance.
- Considers requests for specific changes to the comprehensive plan
- Changes must be compatible with comprehensive plan and not harm surrounding land uses or the community
Traditional Land Use Controls: Board of Adjustment
- Typical in zoning ordinances.
- Appointed by elected officials.
- Reviews petitions for variances.
- Decisions are final rather than advisory.
- Only appeal is through the courts.
Traditional Land Use Controls: Site Plan Review Board
- A planning and zoning commission subgroup.
- Reviews subdivisions and site plans for buildings.
- Public review (neighbors, others).
- Public office involvement (fire, police, emergency vehicles, utility officials, school officials).
- Informal procedure allowing criteria/rules to alter with public pressure.
Zoning Issues and Concepts
- Legality of zoning, established by Village of Euclid v. Ambler Realty (1926).
- Nonconforming use: Conflicting with current zoning, but created prior to it and must be allowed but cannot be substantially changed or discontinued. Amortization of nonconforming uses exists.
- Variance: Exception to requirements due to property hardship, with restrictions on how the variance alters neighborhood character. A waiver of the setback requirement is a common example.
- Exclusionary zoning (unreasonable lot size, inadequate plan for low/moderate-income housing).
Do Land Use Controls Solve Market Failure?
- Does zoning raise the cost of housing?
- Does it interfere with efficient land use patterns?
- Does it separate households from needed services?
- Does low zoning density add to urban sprawl?
- Case example: Houston (effective land uses without zoning).
The "Revolution" in Land Use Controls
- Pre-1970: Little interest in land use controls, no force of law, zoning limited, focused on single-family homes, and did not exist in many areas.
- Environmental movement of 1960s (Silent Spring, Love Canal).
- Notion of "spaceship earth."
Challenges to Comprehensive Planning
- Changing notion of "best practice," (cul-de-sacs, grid streets, mixed density vs. separation of uses, mass transit).
- Limited actual experience to rely on (less than 40 years).
- Insufficient theory and information.
- Inability to foresee the future well.
Is Comprehensive Planning The Answer? What is Required?
- Project future population growth.
- Determine needs for water and waste disposal.
- Project needs for public services (utilities, streets, schools, parks, recreation, safety).
- Project demand for various land uses (public, residential, nonresidential )
- Design a workable map of land uses.
Traditional Planning vs. New Urban Planning
- Traditional Planning: Separate land uses, uniform density, automobile-oriented, prioritizing easy ingress/egress, and cul-de-sac hierarchies.
- New Urban Planning: Mixed use, mixed density, public transportation and pedestrian-oriented, sidewalks, houses close to streets, rear alleys, grid streets with restrictions on traffic flow,.
Some Critical Questions
- Does a land use plan solve market failures?
- At what level (subdivisions, streets/utilities, schools) should controls be imposed?
- Controls for water, resources, drainage?
- Controls for transportation systems, rivers, and wetlands?
- Controls for ecological and endangered species, and climate concerns?
- Examples of environmental controls/issues since the late 1960s (Clean Air Act, Clean Water Act, CERCLA, OSHA, Endangered Species Act).
- Examples of hazardous materials (asbestos/fiberglass, PCBs, leaking USTs, radon, mold, PFAS)
Newer Approaches to Land Use Controls: Performance Standards
- Storm runoff limits
- Noise and emission limits
- Traffic impact limits
- Tree removal restrictions
More New Land Use Controls
- Impact fees (economically favored, community-despised, revenue source, planning tool)
- Growth restrictions: Temporary moratoriums (US Supreme Court decisions, examples).
Another Way? Form Based Zoning
- Land use control based on character rather than use, using diagrams: Development density, street character, parking arrangements, walkway character, structural shapes/sizes, and foliage character.
How Form Based Zoning Works
- Designates areas by development character (natural, suburban, off-downtown, near-downtown, urban core).
- Allows for a wide range of uses within each area.
- Allows for household/firm preferences for areas.
- Links to specific diagrams and websites.
Form Based Zoning: Live Examples
- Denver, CO (website)
- Miami, FL (website).
Spaceship Earth?
- What are other effects of the "spaceship earth" scenario?.
Eminent Domain Controversy
- Kelo v. City of New London Case (2005): Non-blighted property condemnation for private redevelopment, limited intervention options; states' ability to intervene in these circumstances is limited
A Larger Perspective on “Kelo”
- The case's circumstances, including the community's history and characteristics (e.g. depressed community).
- The community/state redevelopment plan and its required implications (e.g. razing).
- The "Little Pink House" story.
The Effect of Property Taxes on Real Estate
- Can property taxes reduce property value?.
- Can well-used property tax increase property values?
Property Taxes
- Largest source of local government revenue.
- Reliable, countercyclical revenue.
- Many taxing authorities exist (city, improvement districts, county, transportation authorities, schools, water management districts).
Property Exempt from Taxes
- Properties with exemptions from property taxes (state property, religious use property, nonprofit use property, educational institutions, homestead) and veterans and other special groups.
Determination of Tax Rate
- Formula for determining tax rates.
- Example for calculating tax rate using a tax rate formula
Computing Tax Liability
- Example of computing taxable value when given market value, assessed value, and exemptions to obtain tax liability.
- Example computation of property taxes based on a list of millage rates.
Special Assessments
- Taxes from public improvements (e.g., streets, sewers).
- Typically based on a per-front-foot basis.
- Example: $500 per running foot, and 100 feet of property frontage.
Special Assessments and Community Development Districts (CDDs)
- CDDs, common in large subdivisions, are private entities for infrastructure.
- CDDs provide utilities, drainage, streets/bikeways/walkways, and recreational facilities.
- Funding often via tax-exempt bonds, with property assessments to pay for obligations, and enjoying the same lien priority as property taxes,.
- Example: The Villages in Florida.
Issues with Property Taxes
- Potential for regressiveness.
- Unevenness across certain communities and property types.
- Effect of protection laws (Proposition 13, Save our Homes Amendment).
- Poor administration.
Limits on Ownership
- Restrictions on use.
- Separation of use or possession.
- Complete removal.
- Shares of value.
Summing Up
- Land use regulation due to market failures and concept of "Spaceship Earth", traditional controls (e.g., building codes, zoning, subdivision regulations), and post-revolution controls, (e.g., impact fees, performance standards, PUDs, environmental laws, form-based zoning) are considered.
- Problems from overregulation discussed (e.g., eminent domain, expanding use, and property taxes).
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Description
Explore the impact of government regulations and private limitations on real estate markets. This quiz covers topics such as eminent domain, police power, and the unique characteristics of real estate that lead to market distortions. Test your understanding of how these factors contribute to market failures.