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PUBLIC RESTRICTIONS ON OWNERSHIP
FOUR BASIC POWERS OF GOVERNMENT OVER REAL PROPERTY
TAXATIONESCHEATEMINENT DOMAINPOLICE POWER
POWER TO TAX AND TO IMPOSE TAX LIENS AGAINST PROPERTY WHOSE OWNERS FAIL TO PAY
TAXATION PROCESS: AD VALOREM TAXPROPERTY VALUE ASSESSMENT
ASSESSED VALUE FAIR MARKET VALUE
DEVELOPMENT OF A BUDGET AND TAX RATE MILLAGE RATE TAX DIGEST
TAX BILLING AND COLLECTION
Assessed Value = 25% of Appraised Value - homes
40% of Appraised Value - commercial
25%(or less) of Appraised Value - agricultural
Tax Rate : City - $1.90/100 of assessed value
County - $2.78/100 of assessed value
City Millage Rate = $19.00
County Millage Rate = $27.80
$46.80 Combined
Example : $100,000 appraised value home in city
X.25
25,000 = assessed value
X.0190 (or 25,000/1,000 = 25 X 19.00 = 475)
City Property Tax 475
25,000
X.0278
Co. Property Tax 695
$1170 = Total Property Tax
POWER OF ESCHEAT- GOVERNMENT’S RIGHT TO ACQUIRE OWNERSHIP OF LAND WHEN LANDOWNER DIES WITHOUT AN HEIR OR A VALID WILL.POWER OF EMINENT DOMAIN- RIGHT OF THE
GOVERNMENT TO TAKE PRIVATE PROPERTY FOR PUBLIC USE UPON THE PAYMENT OF JUST COMPENSATION.
5TH AMENDMENT TO THE U.S. CONSTITUTION14TH AMENDMENT TO THE U.S.. CONSTITUTIONCONDEMNATION PROCEEDINGS
PUBLIC BENEFIT WITHOUT MALICE JUST COMPENSATION INVERSE CONDEMNATION
POLICE POWER- POWER TO REGULATE USE OF PRIVATE PROPERTY TO PROTECT PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE.
NUISANCE DOCTRINE
ELEMENTS OF THE COMPREHENSIVE GENERAL PLAN:AN ANALYSIS OF PROJECTED ECONOMIC
DEVELOPMENTTHE TRANSPORTATION PLAN TO PROVIDE FOR
NECESSARY CIRCULATIONA PUBLIC-FACILITIES PLAN THAT IDENTIFIES
SUCH NEEDED FACILITIES AS SCHOOLS, PARKS, CIVIC CENTERS, WATER AND SEWAGE DISPOSAL PLANTS
A LAND USE PLANAN OFFICIAL MAP
IMPLEMENTING THE COMPREHENSIVE PLAN:COMPREHENSIVE ZONING
TYPE OF USEINTENSITY OF USE
DEVELOPMENTAL DENSITY HEIGHT AND BULK LIMITATIONS
BULK REGULATIONS FLOOR-AREA RATIO MINIMUM LOT SIZE AND SETBACK REGULATIONS
ZONING CHANGES:LEGISLATIVE RELIEFADMINISTRATIVE RELIEF
VARIANCESSPECIAL USE PERMITS
JUDICIAL RELIEFREAL ESTATE TODAY HIGHLIGHT: THE
STRANGE CASE OF THE INCREDIBLE SHRINKING BUILDING
NONCONFORMING USES
BUILDING CODES:REAL ESTATE TODAY HIGHLIGHT: THE CASE
OF THE COSTLY PERMITSUBDIVISION REGULATIONSPREAPPLICATION CONFERENCEAPPROVAL OF THE PRELIMINARY PLATAPPROVAL OF THE FINAL FLAT
INNOVATIVE LAND-USE CONTROL METHODS:PLANNED UNIT DEVELOPMENTPERFORMANCE ZONINGINCENTIVE ZONINGTRANSFER OF DEVELOPMENT RIGHTS
THE “TAKINGS” ISSUE - HOW FAR IS TOO FAR?