Washington Real Estate Fundamentals Chapter 5 Questions and Answers

Washington Real Estate Fundamentals Chapter 5 Questions and Answers Police Power Th basis for land use control laws - The authority of each State to act to protect and promote the public health, safety, morals, and general welfare of its people. An exercise of the police power must meet constitutional limitations. A land use law or regulation is constitional if: 1. It is reasonably related to the protecto fo the publich health, safety, morals, or general welfare. 2. It appies in the same manner to all property owners who are similarly situated - not discriminatory. 3. It does not reduce a prperty's value so much that the regulation amounts to a confiscation. - An uncmpensated taking of property. 4. It benefits the public by preventing harm that would be caused by the prohibited use of the property. Comprehensive planning Local government involvement in determining community goals not only in land use and physical development, but also in population growth, health and safety, transportation, the environment, and other areas. The Growth Mangaement Act 1. Reduce suburban sprawl 2. Require throuough infrastructure planning 3. Protect critical areas from environmental harmful activites 4. Encourage the availability of affordable housing 5. Ecourage economic growth. Zoning Divides a community into areas that are set aside for specific types of use, such as agricultural, residential, commercial, or industrial use. Buffers Areas zoned for icompatible uses may be separated by undeveloped areas. Zoning Exceptions and Amendments - Nonconforming uses - Variances - Conditional uses - Rezones Newconforming Uses Whena an area zoned for the first time, or when a zoning ordinance is ammended, certain established uses that were lawful before may not conform to the new rules. Variance If a zoning law were strictly enforced, the property owner's injury would outweight the benefit of enforcing the zoning requirements. Conditional Use A use not strictly allowed in zoning ordinance, but permitted if specified conditions are met and if approval is granted by the local governing body. Rezones if a property owner believes that her property has been zoned improperly, she may petition the local appeals board for a rezone Building codes a set of rules that specify the minimum acceptable level of safety for constructed facilities Certificate of Occupancy Permission by the municipal inspector to occupy a completed building structure after being inspected and having complied with building codes. Physical regulations Regulations concerning the physical aspects of subdivsions are adopted and administered by each county in Washington. Washington Land Development Act Applies to anyone selling or advertising or more umimproved lots to the general public in Washington. Public offering statement A disclosure statement prepared by a developer that contains all material facts about a property offered for sale and that must be provided to a prospective purchaser in accordance with applicable state or federal law. Interstate Land Sales Full Disclosure Act (ILSA) Fedreal consumer protection law concerning subdivisions of vacant land offered for sale or lease in intestate commerce. Shoreline Mangement Act To protect Washington's shorelines by regulating development within 200 feet of the high water mark. National Environmental Policy Act (NEPA) Environmental Impact Statements must be done before any project affecting federal lands can be started State Environmental Policy Act (SEPA) Similar to NEPA, under a state law, an EIS is required in connection with all actions of state and local agencies that may have significat effect on the environment. CERCLA Comprehensive Environmental Response, Compensation, and Liability Act - concerns liability for environmental clean up costs Pollution Control Laws Fedreal legislation sets national standards for air and water quality. Evnviromental Hazards that brokers must inform potential buyers of when purchasing a house. Adbestos, Urea Fromaldehyd, Radon, Lead-Based Paint, Underground Storage Tanks, Water Contamination, Illegal Drug Manufacturing, Mold, Geological Hazards Eminent Domain Power of a government to take private property for public use. Distinction between eminent domain and the police power Eminent domain involves "taking" property away from owner and the owner is compensated; Police power, private property is regulated but not taken away from the owner. Three types of taxes on real property 1. General real estate taxes (also called Valorem taxes) 2. Special Assessments ( also called improvement taxes) 3. The real estate excise tax (also called the transfer tax) Collection of Taxes Tax bills are mailed to property owners each yar in the middle of February. Payment of half the taxes is due on April 30th, and the balance is due on October 31st. General reale estate taxes become a lien on January 1 of the year in which they are levied. Taxes are levied in October but become available the following year.