Government Controls in Real Estate Markets
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Questions and Answers

What is the total millage rate applied to the property?

  • 25,000
  • 9.86
  • 21.69 (correct)
  • 8.58
  • What does the term 'millage' refer to in real estate?

  • A form of property tax levied based on a property's assessed value. (correct)
  • A specific tax levied on construction projects.
  • A method of calculating market value.
  • A type of zoning ordinance.
  • What is the assessed value of the property?

  • $150,000
  • $135,000 (correct)
  • $110,000
  • $25,000
  • What is the taxable value of the property?

    <p>$110,000 (A)</p> Signup and view all the answers

    How are special assessments typically levied?

    <p>On a per front foot basis. (B)</p> Signup and view all the answers

    What kind of community development districts (CDDs) are often found in large subdivisions?

    <p>Privately funded districts. (B)</p> Signup and view all the answers

    What is a potential concern related to property taxes?

    <p>They are not progressive. (C)</p> Signup and view all the answers

    What is the primary service NOT provided by the CDDs in The Villages?

    <p>Criminal law enforcement. (A)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of Form Based Zoning?

    <p>Building height limits (in feet) (B)</p> Signup and view all the answers

    What is a common criticism of Impact Fees levied by municipalities?

    <p>They can be used as a revenue source rather than a planning tool (C)</p> Signup and view all the answers

    Which of the following are examples of Performance Standards?

    <p>Storm runoff limits, traffic impact limits (A)</p> Signup and view all the answers

    Which of the following is a feature of Form Based Zoning?

    <p>A focus on defining development areas by their character, such as 'natural' or 'urban core' (D)</p> Signup and view all the answers

    What type of land use control would likely be utilized to prevent overdevelopment in a sensitive ecological area?

    <p>Growth Restrictions (D)</p> Signup and view all the answers

    Which of the following cities is mentioned as an example of a community that implemented Form Based Zoning?

    <p>Miami, Florida (B)</p> Signup and view all the answers

    How does Form Based Zoning differ from traditional zoning?

    <p>Form Based Zoning focuses on the character and appearance of development, while traditional zoning focuses on specific use categories (B)</p> Signup and view all the answers

    What is a significant impact of the "spaceship earth" scenario as described in the content?

    <p>The need for innovative land use controls to mitigate environmental impacts (B)</p> Signup and view all the answers

    Which of the following environmental regulations was established in the late 1960s?

    <p>Occupational Safety and Health Act (OSHA) (A), Comprehensive Environmental Response Compensation and Liability Act (CERCLA) (B), Clean Air Act (C), Endangered Species Act (D)</p> Signup and view all the answers

    What does the acronym LUST stand for?

    <p>Leaking Underground Storage Tanks (C)</p> Signup and view all the answers

    According to the Pennsylvania Coal Company v Mahon case, what must be balanced when regulating property rights?

    <p>Public welfare vs. property rights (C)</p> Signup and view all the answers

    What is the term used when an owner of severely regulated property sues the government to force the use of eminent domain?

    <p>Inverse condemnation (C)</p> Signup and view all the answers

    Which of the following is NOT a concern about the excessive use of eminent domain?

    <p>Increased local property taxes through redevelopment (D)</p> Signup and view all the answers

    In what year did the US Supreme Court allow condemnation of “blighted areas” for private redevelopment?

    <p>1954 (B)</p> Signup and view all the answers

    Which of the following is NOT a reason for the condemnation of “blighted areas” for private redevelopment?

    <p>To improve the aesthetic appeal of an area (B)</p> Signup and view all the answers

    What landmark Supreme Court case in 2005 reaffirmed the government's right to use eminent domain for economic development?

    <p>Kelo v. New London (A)</p> Signup and view all the answers

    What was the primary consequence of the Supreme Court decision in Kelo v. City of New London?

    <p>It shifted the authority to regulate eminent domain back to the states. (D)</p> Signup and view all the answers

    What is the primary source of revenue for local governments?

    <p>Property tax (B)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of property taxes?

    <p>They are primarily assessed and collected by federal authorities. (D)</p> Signup and view all the answers

    What makes property taxes considered "countercyclical"?

    <p>They are inversely related to economic cycles. (D)</p> Signup and view all the answers

    Which of the following types of properties are generally exempt from property taxes?

    <p>Properties owned by religious organizations, educational institutions, and government entities. (D)</p> Signup and view all the answers

    The formula used to calculate the property tax rate includes which of the following?

    <p>Total budget of the taxing authority and income from other sources. (D)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of local government revenue from property taxes?

    <p>Provides a flexible revenue stream. (C)</p> Signup and view all the answers

    What is the primary implication of the Kelo decision in regards to eminent domain?

    <p>States have the power to limit eminent domain for private redevelopment. (A)</p> Signup and view all the answers

    What is a nonconforming use in zoning?

    <p>A use that conflicts with, but was established before, the current zoning ordinance. (B)</p> Signup and view all the answers

    What is a variance in zoning?

    <p>A permit that allows a property owner to use their land in a way that is not allowed by the zoning ordinance. (A)</p> Signup and view all the answers

    What is "amortization" in relation to nonconforming uses?

    <p>The process of gradually phasing out a nonconforming use over time. (D)</p> Signup and view all the answers

    What is exclusionary zoning?

    <p>A method of zoning that excludes certain types of people, often based on income or race. (A)</p> Signup and view all the answers

    What is the USSC case that established the legality of zoning?

    <p>Village of Euclid vs. Ambler Realty Co. (D)</p> Signup and view all the answers

    What is a major criticism of land use controls?

    <p>Land use controls can lead to increased segregation and social inequality. (D)</p> Signup and view all the answers

    What environmental event is credited with accelerating the development of land use controls in the 1960s?

    <p>Love Canal (D)</p> Signup and view all the answers

    What is a key tension in land use planning?

    <p>Balancing the need for economic growth with the need to protect the environment. (A)</p> Signup and view all the answers

    Which of the following is NOT a market failure resulting from incomplete information in real estate?

    <p>Buyers unable to judge the potential for future development in the surrounding area (A)</p> Signup and view all the answers

    What is the primary purpose of building codes?

    <p>To ensure the safety of buildings and their occupants (B)</p> Signup and view all the answers

    Which of these is a feature of traditional zoning?

    <p>Setting minimum lot sizes (A)</p> Signup and view all the answers

    What is a common characteristic of building codes and zoning?

    <p>They are both updated regularly to keep up with changing needs and technologies. (D)</p> Signup and view all the answers

    Which of the following is a potential cause of market distortion in real estate?

    <p>The uniqueness of location (B)</p> Signup and view all the answers

    What is an example of an "externality" in real estate?

    <p>Increased traffic congestion due to a new development (A)</p> Signup and view all the answers

    How does "uncertainty of residential values" contribute to market failures in real estate?

    <p>It makes it harder to assess the risk of investing in real estate. (C)</p> Signup and view all the answers

    What is the role of the planning and zoning commission?

    <p>To advise elected officials on planning and zoning matters. (B)</p> Signup and view all the answers

    What is the primary purpose of subdivision regulations?

    <p>To ensure the safety and functionality of new residential developments. (B)</p> Signup and view all the answers

    What is the main difference between a planning and zoning commission and a board of adjustment?

    <p>The planning and zoning commission makes final decisions, while the board of adjustment makes advisory recommendations. (D)</p> Signup and view all the answers

    Flashcards

    Eminent Domain

    The power of the state to seize private property for public use.

    Kelo Case

    Supreme Court case allowing non-blighted property takings for redevelopment.

    Property Taxes

    Taxes imposed on real estate by local governments, based on property value.

    Property Tax Exemptions

    Certain properties that are not subject to property taxes.

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    Tax Rate Determination

    The calculation used to determine property tax rates based on budget needs and exemptions.

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    Impact of Property Taxes

    Property taxes can either decrease or increase property values depending on usage.

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    Local Government Revenue

    Primary source of funding for local governments, mainly through property taxes.

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    Shift of Authority

    The Kelo decision shifted the power of property taking back to states.

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    Clean Air Act

    A law to regulate air emissions from stationary and mobile sources in the U.S.

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    Comprehensive Environmental Response and Liability Act (CERCLA)

    Law governing the cleanup of hazardous waste sites in the U.S.

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    Condemnation

    The legal process by which the government exercises eminent domain.

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    Public Use vs. Public Purpose

    Legal distinction expanded from strictly public use to broader public purpose in property taking.

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    Kelo v. New London

    A landmark 2005 Supreme Court case that expanded the use of eminent domain for economic development.

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    Hazardous Materials

    Substances that may pose a risk to health or the environment, like asbestos and PFAS.

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    Occupational Safety and Health Act (OSHA)

    Regulation ensuring safe and healthy working conditions for employees.

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    Performance Standards

    Criteria set to regulate land use impacts, including storm runoff, noise, and emissions.

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    Impact Fees

    Charges levied on developers to fund public infrastructure associated with new construction.

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    Growth Restrictions

    Regulations, such as moratoriums, to temporarily limit new development.

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    Form Based Zoning

    Land use regulation focusing on the character of a space rather than its use.

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    Development Density

    The amount of development allowed within a certain area, influencing building spacing.

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    Street Character

    The design and aesthetics of streets, impacting the overall feel of a neighborhood.

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    Natural Character

    An area designated to reflect rural aesthetics, with house-like structures and trees.

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    Urban Core Character

    Designates the central part of a city, characterized by high density and mixed uses.

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    Assessable Value

    The value of a property used for tax purposes after adjustments.

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    Taxable Value

    The final amount on which property taxes are calculated.

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    Millage Rate

    The amount per $1,000 of assessed value used to calculate property tax.

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    Special Assessments

    Taxes levied for specific public improvements affecting properties.

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    Community Development District (CDD)

    A special district that maintains and provides community services.

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    Lien Priority

    The order of claims against a property for unpaid debts.

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    Example of Special Assessment

    Charged per front foot basis for improvement projects.

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    Regressive Tax

    A tax that takes a larger percentage from lower incomes.

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    Public Review

    Process where zoning plans are reviewed by neighbors and officials.

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    Nonconforming Use

    Use of land that predates current zoning laws but conflicts with them.

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    Variance

    A granted exception to zoning requirements due to property hardship.

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    Exclusionary Zoning

    Zoning practices that limit housing options for certain income levels.

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    Market Failure

    Inefficiencies in housing markets potentially caused by zoning.

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    Environmental Movement

    A 1960s push for awareness and regulation of land use and environmental care.

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    Changing Planning Practices

    Evolving ideas on effective community layouts and transportation.

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    The Village of Euclid vs Ambler Realty

    A 1926 case establishing the legality of zoning in the U.S.

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    Spillover Effects

    Impacts from nearby land uses that affect property values and market dynamics negatively or positively.

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    Natural Monopoly

    A market situation where a single provider is more efficient than multiple providers, often seen in utilities.

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    Incomplete Information

    Lack of essential details about property, such as construction quality or structural safety, affecting buyer decisions.

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    Externalities

    Consequences of economic activities that affect third parties who did not choose to be involved, such as pollution or congestion.

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    Zoning

    Regulations governing land use that dictate what types of activities can occur in certain areas to organize urban development.

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    Building Codes

    Standards set to ensure the safety and quality of construction, addressing fire, sanitation, and injury risks.

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    Subdivision Regulations

    Rules that govern the division of land into plots that dictate requirements for infrastructure like streets and drainage.

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    Board of Adjustment

    A body that reviews requests for variances in zoning regulations and makes final decisions, often not open to appeal.

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    Site Plan Review Board

    A subgroup within planning and zoning commissions that evaluates site plans for development proposals before approval.

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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.

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