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CHAPTER 4

CHAPTER 4. PUBLIC RESTRICTIONS ON OWNERSHIP. FOUR BASIC POWERS OF GOVERNMENT OVER REAL PROPERTY. TAXATION ESCHEAT EMINENT DOMAIN POLICE POWER. POWER TO TAX AND TO IMPOSE TAX LIENS AGAINST PROPERTY WHOSE OWNERS FAIL TO PAY. TAXATION PROCESS: AD VALOREM TAX PROPERTY VALUE ASSESSMENT

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CHAPTER 4

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  1. CHAPTER 4 PUBLIC RESTRICTIONS ON OWNERSHIP

  2. FOUR BASIC POWERS OF GOVERNMENT OVER REAL PROPERTY • TAXATION • ESCHEAT • EMINENT DOMAIN • POLICE POWER

  3. POWER TO TAX AND TO IMPOSE TAX LIENS AGAINST PROPERTY WHOSE OWNERS FAIL TO PAY • TAXATION PROCESS: AD VALOREM TAX • PROPERTY VALUE ASSESSMENT • ASSESSED VALUE • FAIR MARKET VALUE • DEVELOPMENT OF A BUDGET AND TAX RATE • MILLAGE RATE • TAX DIGEST • TAX BILLING AND COLLECTION

  4. CITY/COUNTY PROPERTY TAX 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

  5. CITY/COUNTY PROPERTY TAX 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

  6. 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. CONSTITUTION • 14TH AMENDMENT TO THE U.S.. CONSTITUTION • CONDEMNATION PROCEEDINGS • PUBLIC BENEFIT • WITHOUT MALICE • JUST COMPENSATION • INVERSE CONDEMNATION

  7. POLICE POWER- POWER TO REGULATE USE OF PRIVATE PROPERTY TO PROTECT PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE. • NUISANCE DOCTRINE

  8. ELEMENTS OF THE COMPREHENSIVE GENERAL PLAN: • AN ANALYSIS OF PROJECTED ECONOMIC DEVELOPMENT • THE TRANSPORTATION PLAN TO PROVIDE FOR NECESSARY CIRCULATION • A PUBLIC-FACILITIES PLAN THAT IDENTIFIES SUCH NEEDED FACILITIES AS SCHOOLS, PARKS, CIVIC CENTERS, WATER AND SEWAGE DISPOSAL PLANTS • A LAND USE PLAN • AN OFFICIAL MAP

  9. IMPLEMENTING THE COMPREHENSIVE PLAN: • COMPREHENSIVE ZONING • TYPE OF USE • INTENSITY OF USE • DEVELOPMENTAL DENSITY • HEIGHT AND BULK LIMITATIONS • BULK REGULATIONS • FLOOR-AREA RATIO • MINIMUM LOT SIZE AND SETBACK REGULATIONS

  10. ZONING CHANGES: • LEGISLATIVE RELIEF • ADMINISTRATIVE RELIEF • VARIANCES • SPECIAL USE PERMITS • JUDICIAL RELIEF • REAL ESTATE TODAY HIGHLIGHT: THE STRANGE CASE OF THE INCREDIBLE SHRINKING BUILDING • NONCONFORMING USES

  11. MANDATORY DEDICATION:IMPACT FEES:

  12. BUILDING CODES: • REAL ESTATE TODAY HIGHLIGHT: THE CASE OF THE COSTLY PERMIT • SUBDIVISION REGULATIONS • PREAPPLICATION CONFERENCE • APPROVAL OF THE PRELIMINARY PLAT • APPROVAL OF THE FINAL FLAT

  13. INNOVATIVE LAND-USE CONTROL METHODS: • PLANNED UNIT DEVELOPMENT • PERFORMANCE ZONING • INCENTIVE ZONING • TRANSFER OF DEVELOPMENT RIGHTS

  14. THE “TAKINGS” ISSUE - HOW FAR IS TOO FAR?

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