Module 2- Chapter 4 Flashcards

Module 2- Chapter 4 Flashcards Regulation of special land types- Flood zones -The National Flood Insurance Program (NFIP)-The program enables property owners in participating communities to purchase insurance protection, administered by the government, against losses from flooding, and requires flood insurance for all loans or lines of credit that are secured by existing buildings, manufactured homes, or buildings under construction, that are located in a community that participates in the NFIP.-This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods.Superfund Redevelopmentensures that every Superfund site has the tools necessary to return the country's most hazardous sites to productive use.Legal nonconforming useA legal nonconforming use or structure is a use or structure that was legally built under previous regulations but did not meet existing standards.zoning variance-a deviation from the zoning.- For instance, building a fence beyond the neighborhood setback limit.-ex. i request a second story addition in a one-story zone.Four government powers(PETE)P for Police PowerE for Eminent DomainT for TaxationE for Escheat varianceVarianceIf your land use or proposed building does not entirely conform to existing zoning and land use laws, you can apply for a variance. Typically, the landowner must show that she will experience substantial financial hardship if she does not receive a variance.-A request for a deviation from the Zoning Code. An example would be a homeowner allowed to build a fence closer to a lot line than the zoning allows.-A permanent exception granted to either build a new structure or conduct a further use that would not be permitted under the current zoning.-Most zoning systems have a procedure for granting variances (exceptions to the zoning rules), usually because of some perceived hardship due to the property's particular nature in question.Holding Zones-To restrict development in certain areas before there has been an opportunity to zone or plan it, the planning department within a municipality may temporarily zone the land for low intensity uses.-Regulation of Environmental Hazards

SARA-SARA - Superfund Amendments and Reauthorization Act of 1986-amended the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) on October 17, 1986. The Superfund Amendments and Reauthorization Act of 1986 (SARA) reflected EPA's experience in administering the complex Superfund program during its first six years and made several important changes and additions to the program.

SARA:-stressed the importance of permanent remedies

and innovative treatment technologies in cleaning up hazardous waste sites;-required Superfund actions to consider the standards and requirements found in other State and Federal environmental laws and regulations;-provided new enforcement authorities and settlement tools;-increased State involvement in every phase of the Superfund program;-increased the focus on human health problems posed by hazardous waste sites;-encouraged greater citizen participation in making decisions on how sites should be cleaned up; and-increased the size of the trust fund to $8.5 billion.-SARA also required EPA to revise the Hazard Ranking System to ensure that it accurately assessed the relative degree of risk to human health and the environment posed by uncontrolled hazardous waste sites that may be placed on the National Priorities List (NPL).Eminent domain· Under eminent domain, the government can appropriate property if they feel it is for the community's greater good.But the owner of any lands claimed under eminent domain is entitled to reasonable compensation, usually defined as the fair market value of the property. Compensation for the property is paid through the process of condemnation.· In some jurisdictions, the state will also delegate eminent domain power to individual public and private companies.For example, this allows utilities to bring eminent domain actions so they can run telephone, power, water, or gas lines.· However, there are times when a property owner feels that they were not appropriately compensated by the government when the powers of Eminent Domain were applied to their property. In these cases, the property owner can file for Inverse Condemnation. Inverse Condemnation sounds tricky, but basically, it just allows a property owner to file a claim against the government to recover just compensation for the taken property.Definition of a Brownfield Site-Real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential

presence of a hazardous substance, pollutant, or contaminant.-Cleaning up and reinvesting in these properties protects the environment, reduces blight, and takes development pressures off greenspaces and working lands.-It is estimated that there are more than 450,000 brownfields in the U.S.-Cleaning up and reinvesting in these properties increases local tax bases, facilitates job growth, utilizes existing infrastructure, takes development pressures off of undeveloped, open land, and improves and protects the environment.

Resource Conservation and Recovery Act (RCRA) Brownfields helps facilities in need of corrective action to locate reuse opportunities.Board of equalizationThe state board of equalization meets each year to determine if each county has assessed at the percentage of actual value prescribed by law.Potentially responsible party (PRP)-Potentially responsible party (PRP) means a person who is or may be liable for remediation under any state or federal law, regulation, or program.-The company who polluted is held responsible plus the person in the company that made the decision to do can be held liable also.Inverse Condemnationa term used in the law to describe a situation in which the government takes private property but fails to pay the compensation required by the 5th Amendment of the Constitution, so the property's owner has to sue to obtain the required just compensation.Police Power· Police power is how the government regulates real estate.Examples of police power include zoning laws, building codes, fire codes, rent control, safety hazards, and tenant rights.· Police power is not designed to take property away from you. (unlike eminent domain)· It's there more to set standards on how the property can be used. That is why compensation is not paid to property owners affected by police power. (unlike eminent domain)· Police power allows the government to place restrictions on the use of private property.dollars per thousandthis method bases the tax rate on so many dollars of tax per $1,000 of assessed value.transfer taxA tax charged by the state to transfer an interest in real estate which helps establish an accurate value for tax assessment purposes.Brownfield PropertyBrownfield Property means any property where use is limited by actual or potential environmental contamination, or the perception of environmental contamination, and that is or may be subject to remediation under any state environmental law, regulation or program or under the Comprehensive Environmental Response, Compensation and Liability Act of 1980.CERCLA- The Comprehensive Environmental Response, Compensation, and Liability Act (1980)-also known as Superfund, authorizes the President to respond to releases or threatened releases of hazardous substances into the environment. CERCLA authorities complement those of the Resource Conservation and Recovery Act, which primarily regulates ongoing hazardous waste handling and disposal.-Administered and enforced by the