Land Use Controls and Regulations
Property tax - Perpetual installment payments to the government for the right to own property.
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Eminent domain - Term used to describe the right of the government to takeover privately owned real estate despite the owners’ wishes. This often happens for land that is required for infrastructure works like highways, major pipe lines, railroads etc.
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Police power - Police power is the right of the government to enact and enforce laws for the benefit of the public.
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Escheat - When a property owner dies and leaves no proper documented inheritance plan, the property ownership reverts to the government.
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Eminent domain - is used when the government has the right to take the land, and the landowner is compensated for the land taken
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Condemnation - is used when the government does not have the right to take the land, and the landowner is not compensated.
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Land-use controls - Government ordinances, codes, and permit requirements that restrict the private use of land and natural resources, to conform to public policies. There are several types of land-use regulations, including subdivision regulations, zoning, building codes, housing codes, curve-cut permit systems, historic preservation laws, and tree cutting laws.
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Zoning - where properties of the same type, such as residential or commercial, are designated for particular geographic zones.
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Deed restrictions - Also known as covenants and restrictions, deed restrictions are agreements regarding property usage that are made between landowners. Under deed restrictions, property may only be used for specified purposes, and certain uses or behaviors may be prohibited.
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Animal restrictions - These restrictions limit or prohibit certain types or breeds of animals. For example, many residential properties restrict the ownership of livestock animals.
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Vehicle restrictions - Vehicle restrictions may ban certain vehicles such as boats, trailers, work trucks, or even unlicensed or inoperable cars from being parked in driveways or on the street.
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Use restrictions - Home business restrictions are one of the more common deed restrictions and may prohibit you from operating your small business from your home, placing business signs in your yard, or even renting out your home on Airbnb or other similar platforms.
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Personal property restrictions - Some deed restrictions limit the items that you can have on your property. Items such as hot tubs, pools, sports equipment, and other things may be prohibited.
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Renovation or building restrictions - Fences, sheds, and other structures may be restricted to keep properties looking uniform or to ensure your neighbors enjoy an unrestricted view from their property. Under these restrictions, you may not be able to renovate the exterior of your home, choose a new façade color, or build with certain materials.
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Covenant - a rule that governs the use of real property.
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Variance - official permission to stray from the requirements of the covenant.
CC&Rs (Covenants, Conditions, and Restrictions) - These set out the rules of the HOA community, describing requirements and limitations on property use.
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Bylaws - These govern how the HOA operates, covering topics such as management of common areas and board elections.
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Restrictions - CC&Rs contain restrictions on property use for both individual owners and common areas.
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Legal Binding - HOA bylaws are legally binding regulations that dictate daily operations and member adherence to community rules.
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