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1. Police Power Government right to regulate and control the character and use of property for
the health, safety and general welfare of the public
2. Zoning Local laws to control land use
3. Master plan Comprehensive guideline for the long term physical development of a particular
area mixed land is designed to meet the needs of the future residents
4. Non-conforming A permissible use under former rules that is now prohibited - automatically
use granted when zoning regulations change
5. Variance Permission to violate current regulations - obtained by a hearing
6. Buffer zone An area of land separating one land use from another incompatible use such as
residential from commercial
7. Building codes Regulations regarding specific construction requirements- plumbing, electrical,
etc.
8. EIS Environmental impact statement- a study done to determine the effect of a
proposed project on a community
9. Eminent domain The right of government to take private property for public use
10. Condemnation The action of the government I taking private property under the right of eminent
domain
11. Inverse condem- The action of an individual trying to force the government to buy his property
nation
12. Taxation The right of government to tax real property
13. Ad valorem According to value- real property taxes are ad valorem taxes
14. Assessed value Property value for tax purposes- (tax rate*assessed value= tax)
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15. Mill A tax rate per $1000.00 (assessed value/1000*mills=tax)
16. Assessment Rolls Books showing the assessed value of all properties in the tax district
17. Special Assess- A tax levied against only those property owners who benefit from a government
ment improvement such as curbs or sidewalks
18. Municipal im- An area within a municipality that is taxed for a specific improvement- unlike a
provement dis- special assessment, property owners were permitted to vote for the improvement
trict district to be created
19. Escheat The right of the government to take real property if an owner dies without a will
and with no heirs or no kindred
20. Riparian rights The right to use water from a river or stream that borders a property
21. Littoral rights The right to use water from a lake or ocean that borders a property
22. Prior Appropria- A theory of water law stating the first landowner to claim riparian rights has the
tion exclusive right to take all the water for specific beneficial uses
23. Appropriative Water rights under prior appropriation
rights
24. C, C & R's Deed covenants, conditions and restrictions are private controls of land use, devel-
opment, methods and materials for construction, including style and appearance
requirements in some cases
25. Declaration of The recorded document outlining the c,c &r's for a particular area of land
Restrictions
26. HOR Regulations Deed restrictions for condominium complexes
27. Injunction A court order to cease, stop, or refrain from acting- can be used to enforce c,c &r's
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28. Real Property Land, improvements attached to the land, and the rights to use them
29. Personal Proper- Anything not classed as real property, a right or interest in things of a temporary
ty or moveable nature
30. Chattel Personal property
31. Personalty Personal property
32. Fixture Personal property that has been installed or attached to become real property
33. Annexation The process of attaching personal property so that it becomes real property thus
creating a fixture
34. Severance Real property becomes personal property when it is "severed" from the land.
Uninstall, unattach
35. Trade Fixture Personal property installed on leased property for the purpose of the tenants
occupation or profession
36. Accession Gaining title to improvements as a result of the annexation of fixtures
37. Physical Chara- Nonhomogeneity, immobility, indestructibility
teristic of Land
38. Nonhomogeni- A physical characteristic of land stating no two pieces are exactly alike
ety
39. Immobility A physical characteristic of land stating that land cannot be moved- an owner must
go to the land
40. Indestructibility A physical characteristic of land stating that the land will always be there- it is
durable
41. Scarcity, modification, fixity and situs
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Economic Char-
acteristics of
Land
42. Scarcity An economic characteristic of land stating that a short supply where demand is
great will cause an increase in value- usually based on geography
43. Modification An economic characteristic of land stating that improvements made by man will
alter the value of the land and surrounding properties
44. Fixity An economic characteristic of land stating that land, buildings and improvements
are considered a fixed investment- not liquid assests
45. Situs An economic characteristic of land stating that location preference from an eco-
nomic standpoint can cause increased value- location, location, location
46. Legal description A description of such certainty and accuracy that one can go to the ground and
of property identify the land- a description prepared by a surveyor
47. Metes and A legal description of land having a point of beginning, using terminal points and
bounds angles, degrees and minutes to outline a property
48. Lot, Block and A legal description of land based on a recorded map of a subdivision called a plat
Subdivision
49. Monuments Permanent surveyor marker- natural or manmade
50. Rectangular Sur- A legal description of land using base line, meridians, townships, sections and
vey System ranges- also called the Government Survey System
51. Government Sur- A legal description of land using base lines, meridians, townships, sections, and
vey System ranges- also called the Rectangular Survey System
52. Township Part of the Government Survey System consisting of 36 sections