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URP3000 Exam 2 Study Guide.
Property - Answers✔Any object or right that can be owned.
Personal Property - Answers✔Movable (ex. car, animals, cellphone).
Real Property - Answers✔Land or anything tied to the land.
Real Property Rights - Answers✔*Pleasure and profitable use:
-Right to build on or above land
-Right to till the land and reap the benefits
-Right to exploit subsurface minerals
-Exclusion
-Right to dispose of land
*Duties of the land owner:
-Paying taxes
-Refraining from creating a nuisance
-Conform to local, state, and federal laws (zoning,
ordinances, subdivisions, building codes)
Police Power - Answers✔The inherent right of government to protect the health, safety, and
welfare of its citizens.
Eminent Domain - Answers✔Inherent right of government to condemn private property for
public use with just compensation. Regulations need to be rational, reasonable, and advance
legitimate government purpose.
Rational Nexus - Answers✔Requires there be a logical connection to a cause and effect
Fifth Amendment - Answers✔"Nor shall private property be taken for public use, without just
compensation."
Fourteenth Amendment - Answers✔No person shall be deprived of "life, liberty, or property
without due process of law."
1
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*Makes 5th Amendment applicable at the state level
*Makes sure government acts in a fair manner
"Taking" - Answers✔Requires just compensation but also must be for a rational governmental
use.
Direct "Taking" - Answers✔The government states that they are "taking" the land and will
provide just compensation.
Indirect "Taking" - Answers✔Government doesn't admit to a "taking" but implements a new
regulation that diminishes the value of the property and the landowner must seek compensation
from the court.
Dillon's Rule - Answers✔Substate units have only those powers delegated to them by the state;
"creatures of the State."
Home Rule - Answers✔Substate units have any power that is not forbidden by the state.
Externalities - Answers✔The cost or benefit that affects a party who did not choose to incur that
cost or benefit; unforeseen or unpredictable circumstances that affect a community in a positive
or negative way.
Example of a Negative Externality - Answers✔A community grants a rezoning that enables a
shopping center development to obliterate a wetland, the present community gains employment
opportunities but the adjacent community downstream (absent from the decision-making
process) experiences severe flooding because of the new shopping center.
Zoning - Answers✔Limits how land can be used; a tool of land use regulation that is established
in the comprehensive (master) plan.
Tenth Amendment - Answers✔The powers not delegated to the US by the Constitution, nor
prohibited by it to the states, are reserved to that states respectively, or to the people; interprets
the powers to zone.
1924 Standard State Zoning Enabling Act - Answers✔Delegated land use regulation (zoning) to
states.
Public control over private land largely began with _____ became prominent in the 1920s. -
Answers✔Zoning
Zoning regulates land use by stipulating: - Answers✔1. Permitted uses of land and buildings
2. Intensity or density of uses
3. Bulk (size) of buildings on land
Basic Zones - Answers✔1. Residential
2
URP3000 Exam 2 Study Guide.
Property - Answers✔Any object or right that can be owned.
Personal Property - Answers✔Movable (ex. car, animals, cellphone).
Real Property - Answers✔Land or anything tied to the land.
Real Property Rights - Answers✔*Pleasure and profitable use:
-Right to build on or above land
-Right to till the land and reap the benefits
-Right to exploit subsurface minerals
-Exclusion
-Right to dispose of land
*Duties of the land owner:
-Paying taxes
-Refraining from creating a nuisance
-Conform to local, state, and federal laws (zoning,
ordinances, subdivisions, building codes)
Police Power - Answers✔The inherent right of government to protect the health, safety, and
welfare of its citizens.
Eminent Domain - Answers✔Inherent right of government to condemn private property for
public use with just compensation. Regulations need to be rational, reasonable, and advance
legitimate government purpose.
Rational Nexus - Answers✔Requires there be a logical connection to a cause and effect
Fifth Amendment - Answers✔"Nor shall private property be taken for public use, without just
compensation."
Fourteenth Amendment - Answers✔No person shall be deprived of "life, liberty, or property
without due process of law."
1
, ©FYNDLAY.
*Makes 5th Amendment applicable at the state level
*Makes sure government acts in a fair manner
"Taking" - Answers✔Requires just compensation but also must be for a rational governmental
use.
Direct "Taking" - Answers✔The government states that they are "taking" the land and will
provide just compensation.
Indirect "Taking" - Answers✔Government doesn't admit to a "taking" but implements a new
regulation that diminishes the value of the property and the landowner must seek compensation
from the court.
Dillon's Rule - Answers✔Substate units have only those powers delegated to them by the state;
"creatures of the State."
Home Rule - Answers✔Substate units have any power that is not forbidden by the state.
Externalities - Answers✔The cost or benefit that affects a party who did not choose to incur that
cost or benefit; unforeseen or unpredictable circumstances that affect a community in a positive
or negative way.
Example of a Negative Externality - Answers✔A community grants a rezoning that enables a
shopping center development to obliterate a wetland, the present community gains employment
opportunities but the adjacent community downstream (absent from the decision-making
process) experiences severe flooding because of the new shopping center.
Zoning - Answers✔Limits how land can be used; a tool of land use regulation that is established
in the comprehensive (master) plan.
Tenth Amendment - Answers✔The powers not delegated to the US by the Constitution, nor
prohibited by it to the states, are reserved to that states respectively, or to the people; interprets
the powers to zone.
1924 Standard State Zoning Enabling Act - Answers✔Delegated land use regulation (zoning) to
states.
Public control over private land largely began with _____ became prominent in the 1920s. -
Answers✔Zoning
Zoning regulates land use by stipulating: - Answers✔1. Permitted uses of land and buildings
2. Intensity or density of uses
3. Bulk (size) of buildings on land
Basic Zones - Answers✔1. Residential
2
