Podcast
Questions and Answers
What does the letter 'T' in the acronym PETE stand for in relation to public land-use controls?
What does the letter 'T' in the acronym PETE stand for in relation to public land-use controls?
- Trust
- Transfer
- Taxation (correct)
- Tenure
Police power allows the government to eliminate all land use without any regulations.
Police power allows the government to eliminate all land use without any regulations.
False (B)
What is the purpose of zoning laws?
What is the purpose of zoning laws?
To regulate land use and ensure appropriate development in specific areas.
The government's right to take private property for public use is known as __________.
The government's right to take private property for public use is known as __________.
Match the following terms with their descriptions:
Match the following terms with their descriptions:
Which of the following is NOT included in public land-use controls?
Which of the following is NOT included in public land-use controls?
Ad valorem taxes are based on the value of property.
Ad valorem taxes are based on the value of property.
What are the implications of public ownership of land?
What are the implications of public ownership of land?
Which of the following is NOT a type of land-use control under police power?
Which of the following is NOT a type of land-use control under police power?
Zoning variances allow homeowners to break zoning laws without any conditions.
Zoning variances allow homeowners to break zoning laws without any conditions.
What document is required to authorize a construction or remodeling project?
What document is required to authorize a construction or remodeling project?
The _______ is used to guide the future growth and development of a community.
The _______ is used to guide the future growth and development of a community.
Match the following aspects of police power with their definitions:
Match the following aspects of police power with their definitions:
What is the primary purpose of building codes?
What is the primary purpose of building codes?
Subdivision regulations can dictate tax requirements for subdivisions.
Subdivision regulations can dictate tax requirements for subdivisions.
What is the name of the certificate issued upon the completion of a compliant building?
What is the name of the certificate issued upon the completion of a compliant building?
The Pennsylvania ___________ Act created a uniform construction code in 1999.
The Pennsylvania ___________ Act created a uniform construction code in 1999.
Match the type of control with its corresponding responsibility:
Match the type of control with its corresponding responsibility:
Which of the following describes what zoning ordinances are based on?
Which of the following describes what zoning ordinances are based on?
The UCC superseded all existing building code regulations in Pennsylvania after April 9, 2004.
The UCC superseded all existing building code regulations in Pennsylvania after April 9, 2004.
What process is involved in creating a subdivision?
What process is involved in creating a subdivision?
A ______ is required for builders to demonstrate compliance with local building codes.
A ______ is required for builders to demonstrate compliance with local building codes.
What is the primary role of a subdivider?
What is the primary role of a subdivider?
Developers are responsible for planning the subdivision before land acquisition.
Developers are responsible for planning the subdivision before land acquisition.
What must a subdivider file with the municipality before selling lots?
What must a subdivider file with the municipality before selling lots?
Subdivision planning rules in Pennsylvania are outlined in the state's __________ Planning Code.
Subdivision planning rules in Pennsylvania are outlined in the state's __________ Planning Code.
Which of the following is a characteristic of the gridiron plat pattern?
Which of the following is a characteristic of the gridiron plat pattern?
A curvilinear plat pattern is easier to navigate than a gridiron pattern.
A curvilinear plat pattern is easier to navigate than a gridiron pattern.
What document may local authorities require from developers before approving a subdivision?
What document may local authorities require from developers before approving a subdivision?
After completing the subdivision plat, the developer submits it for __________ approval.
After completing the subdivision plat, the developer submits it for __________ approval.
Match the following parties with their responsibilities:
Match the following parties with their responsibilities:
What is an exaction?
What is an exaction?
What happens during the start-up stage of subdivision development?
What happens during the start-up stage of subdivision development?
The subdivider must ensure that all streets and sewer costs are taken care of before subdivision approval.
The subdivider must ensure that all streets and sewer costs are taken care of before subdivision approval.
In Pennsylvania, subdividers can impose __________ restrictions on properties.
In Pennsylvania, subdividers can impose __________ restrictions on properties.
What feature distinguishes a curvilinear plat pattern?
What feature distinguishes a curvilinear plat pattern?
What is the first step in the subdivision development process?
What is the first step in the subdivision development process?
Which phase comes directly after the identification of undeveloped land by a developer?
Which phase comes directly after the identification of undeveloped land by a developer?
Eminent domain is the government's power to seize private property without compensation.
Eminent domain is the government's power to seize private property without compensation.
What is the purpose of a condemnation suit?
What is the purpose of a condemnation suit?
The strictest rule between government restrictions and private restrictions is applied when there is a __________ between the two.
The strictest rule between government restrictions and private restrictions is applied when there is a __________ between the two.
Which of the following best defines 'just compensation' in the context of eminent domain?
Which of the following best defines 'just compensation' in the context of eminent domain?
A homeowner is required to sell their property if the government wants to use it for public use.
A homeowner is required to sell their property if the government wants to use it for public use.
What significant outcome was determined by the Kelo v. City of New London case?
What significant outcome was determined by the Kelo v. City of New London case?
Inverse condemnation occurs when the government takes property without providing __________ to the owner.
Inverse condemnation occurs when the government takes property without providing __________ to the owner.
What does the term 'taking' refer to in the context of government property rights?
What does the term 'taking' refer to in the context of government property rights?
Match the following terms related to eminent domain with their definitions:
Match the following terms related to eminent domain with their definitions:
Developers are responsible for building the homes in all subdivisions.
Developers are responsible for building the homes in all subdivisions.
What is the role of local authorities in the subdivision creation process?
What is the role of local authorities in the subdivision creation process?
The __________ is the final stage where the local authority gives approval before development can begin.
The __________ is the final stage where the local authority gives approval before development can begin.
What commonly results from a successful eminent domain process?
What commonly results from a successful eminent domain process?
What is the primary purpose of a neighborhood improvement district?
What is the primary purpose of a neighborhood improvement district?
A person who dies intestate has their estate automatically transferred to their closest relative.
A person who dies intestate has their estate automatically transferred to their closest relative.
What is escheat?
What is escheat?
A property that is abandoned by its owner could result in __________.
A property that is abandoned by its owner could result in __________.
Which law regulates neighborhood improvement districts in Pennsylvania?
Which law regulates neighborhood improvement districts in Pennsylvania?
Special assessments are no longer necessary due to neighborhood improvement districts and subdivision regulations.
Special assessments are no longer necessary due to neighborhood improvement districts and subdivision regulations.
What happens during the probate process when someone dies intestate?
What happens during the probate process when someone dies intestate?
The state's right to charge property taxes is known as __________.
The state's right to charge property taxes is known as __________.
What is the consequence for dying without a will?
What is the consequence for dying without a will?
Who are some of Kelo's supporters concerned about the impact of property laws on low-income neighborhoods?
Who are some of Kelo's supporters concerned about the impact of property laws on low-income neighborhoods?
Property taxes are based on the income of the homeowner.
Property taxes are based on the income of the homeowner.
What is an ad valorem tax?
What is an ad valorem tax?
In Pennsylvania, property taxes are levied at the __________ level.
In Pennsylvania, property taxes are levied at the __________ level.
What is the role of property taxes in local government?
What is the role of property taxes in local government?
A person must earn more than $35,000 a year to qualify for the PA Lottery Rebate.
A person must earn more than $35,000 a year to qualify for the PA Lottery Rebate.
What must a Pennsylvania homeowner file to receive a homestead exclusion?
What must a Pennsylvania homeowner file to receive a homestead exclusion?
The tax rate is the percentage of the property's assessed value that is __________.
The tax rate is the percentage of the property's assessed value that is __________.
What does a mill represent in terms of property tax?
What does a mill represent in terms of property tax?
The government fiscal year in Pennsylvania runs from January to December.
The government fiscal year in Pennsylvania runs from January to December.
Match the following exemptions with their qualifying criteria:
Match the following exemptions with their qualifying criteria:
A special assessment is an additional tax levied to fund __________ in a neighborhood.
A special assessment is an additional tax levied to fund __________ in a neighborhood.
How often are homes typically reassessed for property taxes in most areas of Pennsylvania?
How often are homes typically reassessed for property taxes in most areas of Pennsylvania?
What is the purpose of a common level ratio (CLR) in property tax assessments?
What is the purpose of a common level ratio (CLR) in property tax assessments?
In Pennsylvania, homeowners must receive a notification 60 days in advance before a special assessment is applied.
In Pennsylvania, homeowners must receive a notification 60 days in advance before a special assessment is applied.
Flashcards
Public Land-Use Controls
Public Land-Use Controls
Regulations imposed by the government on how land can be used, often through laws like zoning and building codes.
Police Power
Police Power
The government's authority to regulate land use to protect public safety and well-being.
Eminent Domain
Eminent Domain
The government's power to take private land for public use, with fair compensation.
Taxation
Taxation
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Escheat
Escheat
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Zoning
Zoning
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Building Codes
Building Codes
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PETE
PETE
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Zoning Ordinance
Zoning Ordinance
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Building Permit
Building Permit
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Certificate of Occupancy
Certificate of Occupancy
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Subdivision Regulations
Subdivision Regulations
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Deed Restrictions
Deed Restrictions
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Master Plan
Master Plan
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Zoning Variance
Zoning Variance
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Subdivider
Subdivider
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Subdivision
Subdivision
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International Building Code (IBC)
International Building Code (IBC)
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International Residential Code (IRC)
International Residential Code (IRC)
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Pennsylvania Construction Code Act
Pennsylvania Construction Code Act
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Developer
Developer
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Plat map
Plat map
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Subdivision Approval
Subdivision Approval
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Zoning and fire safety
Zoning and fire safety
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Municipalities Planning Code
Municipalities Planning Code
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Gridiron pattern
Gridiron pattern
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Curvilinear pattern
Curvilinear pattern
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FHA financing
FHA financing
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Environmental impact report
Environmental impact report
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Initial Planning Stage
Initial Planning Stage
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City Review and Approval
City Review and Approval
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Subdivision Creation - Step 1
Subdivision Creation - Step 1
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Subdivision Creation - Step 2
Subdivision Creation - Step 2
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Subdivision Creation - Step 3
Subdivision Creation - Step 3
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Subdivision Creation - Step 4
Subdivision Creation - Step 4
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Subdivision Creation - Step 5
Subdivision Creation - Step 5
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Subdivision Creation - Step 6
Subdivision Creation - Step 6
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Subdivision Creation - Step 7
Subdivision Creation - Step 7
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Subdivision Creation - Step 8
Subdivision Creation - Step 8
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Subdivision Creation - Step 9
Subdivision Creation - Step 9
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Subdivision Creation - Step 10
Subdivision Creation - Step 10
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Application of Rules (Police Power)
Application of Rules (Police Power)
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Just Compensation
Just Compensation
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Condemnation Suit
Condemnation Suit
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Inverse Condemnation
Inverse Condemnation
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Neighborhood Improvement District
Neighborhood Improvement District
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Special Assessment
Special Assessment
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Dying Intestate
Dying Intestate
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Probate
Probate
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Laws of Descent and Distribution
Laws of Descent and Distribution
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Public Ownership of Land
Public Ownership of Land
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Property Tax
Property Tax
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Ad Valorem Tax
Ad Valorem Tax
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Assessed Value
Assessed Value
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Taxing Authority
Taxing Authority
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PA Lottery Rebate
PA Lottery Rebate
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Homestead Exclusion
Homestead Exclusion
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Disabled Veteran Exemption
Disabled Veteran Exemption
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Assessment
Assessment
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Common Level Ratio (CLR)
Common Level Ratio (CLR)
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Equalization
Equalization
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Established Predetermined Ratio (EPR)
Established Predetermined Ratio (EPR)
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Full Assessment
Full Assessment
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Partial Assessment
Partial Assessment
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Tax Rate
Tax Rate
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Mills
Mills
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Study Notes
Public Land-Use Controls
- Public land-use controls are implemented through various laws at federal, state, and local levels. These include zoning, building codes, subdivision regulations, and environmental laws.
- Four basic types of public land-use controls, forming the acronym PETE:
- Police Power
- Eminent Domain
- Taxation
- Escheat
Police Power
- Police power is the government's right to control and regulate land use for public safety and well-being.
- Key aspects of police power include zoning, building codes, and subdivision regulations.
Zoning
- Zoning divides land into districts, specifying permitted, prohibited, or conditionally permitted uses.
- Zoning regulations are local laws (zoning ordinances) created to manage land use and construction.
- Zoning ordinances are derived from a municipality's master plan.
- Variances allow exceptions to zoning regulations, enforced by permits and zoning officials.
- Subdivision regulations detail how subdivisions are created, including infrastructure, lot density, and tax requirements.
- Subdivision regulations differ from deed restrictions, which are privately created.
Building Codes
- Building codes are regulations for building design, materials, safety, and sanitation.
- City authorities require building permits for any construction or remodel.
- Building permits ensure compliance with building codes and zoning laws.
- A certificate of occupancy (CO) is issued after inspections confirm compliance, indicating a building is habitable.
- Pennsylvania's state-level building code (Act 45) became effective in 2004; it adopts uniform international building codes.
Subdivision Regulations
- These regulations specify how subdivisions are created, including lot sizes, densities, and infrastructure requirements.
- Subdivision regulations may require developers to provide infrastructure like roads, utilities, and green spaces.
- Plats, detailed maps of subdivisions, show property lines, blocks, and infrastructure.
- Plat patterns include gridiron (rectangular) and curvilinear (curved roads).
- Approvals for subdivisions are guided by the local planning commission.
Application of Rules
- When government and private regulations conflict, the stricter rule applies.
Eminent Domain
- The government's power to seize private property for public use.
- Just compensation (fair market value) is required.
- The process often involves condemnation suits.
- Inverse condemnation occurs when the government takes property without compensation, requiring the owner to sue the government.
- The Fifth Amendment of the U.S. Constitution outlines the "takings clause."
- Kelo v. City of New London (2005) expanded the definition of "public use" to include economic development.
Taxation
- Property taxes (ad valorem) are based on a property's assessed value.
- Taxes fund local services (e.g., fire, police, schools).
- PA homeowners pay taxes to the county, municipality, and school district.
- Special assessments are additional taxes for improvements benefiting the area.
- Neighborhood Improvement Districts (NIDs) are similar to special assessments.
Escheat
- Escheat refers to the state's right to inherit property from a deceased person without a will or known heirs.
- Probate is the legal process to settle an estate belonging to someone who died intestate (without a will).
- Laws of descent and distribution dictate how an estate is distributed to heirs.
Public Ownership of Land
- Government ownership of land for public use, including streets, parks, and government buildings.
- Local, state, and federal entities retain ownership and control for public facilities and resources.
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