CA_Principles_05[1]

CA_Principles_05[1] - Principles of California Real Estate...

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1 Lesson 5: Public Restrictions on Land Principles of California Real Estate Introduction » Private property ownership is affected by public land restrictions (land use controls): zoning ordinances building codes subdivision regulations environmental laws The government’s powers of eminent domain and taxation also affect property. Land Use Controls Police power » Police power : Power vested in state government to adopt and enforce laws necessary for protection of public health, safety, morals, and general welfare. Allows government to regulate owner’s use of private property. State may delegate its police power to local governments.
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2 Land Use Controls Constitutional criteria » To be constitutional, land use regulation must: be reasonably related to public health, safety, morals or general welfare be non-discriminatory not reduce property value to the point of confiscation protect public from harm (unregulated use of property would cause) Land Use Controls Comprehensive planning » City or county planning agency prepares general plan for development (also called master plan ). » The plan should: set long-range goals that ensure orderly development Land Use Controls Comprehensive planning » City or county planning agency prepares general plan for development (also called master plan ). » The plan should: set long-range goals that ensure orderly development address population density, building intensity, housing, traffic patterns, transportation systems, noise control, etc.
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3 » General plan is implemented by city and county governments through zoning ordinances and other land use regulations. Land Use Controls Comprehensive planning Land Use Controls Types of land use controls » Types of land use control laws: zoning building codes subdivision regulations environmental laws Land Use Controls Zoning » Zoning ordinance : Divides community into land use zones that are set aside for a particular type of use, such as agricultural, residential, commercial, or industrial use. » Areas zoned for incompatible uses may be separated by undeveloped areas ( buffers ).
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4 » To be valid zoning ordinances cannot: be applied retroactively discriminate against (or favor) a particular piece of property create patently unfair situations » Zoning decisions typically can be appealed to city or county government, and then appealed to court of law. Land Use Controls Zoning Zoning Use categories » Early zoning laws usually had a few broad land use categories. » Modern zoning laws typically have numerous subcategories. For example, under the broad category of “residential” there may be multiple zoning options. Examples of possible residential zones: » R-1: allows detached single-family houses » R-2: also permits row houses and duplexes » R-3: also permits apartments and condominiums » R-4: permits any type of housing, including mobile homes Zoning Use categories
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5 » Residential zones are typically designated with the letter “R,” agricultural zones are
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CA_Principles_05[1] - Principles of California Real Estate...

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