What is this an example of?

Georgia Real Estate - Section 10 Unit 3 Flashcards Spark City has built a new city courthouse. The construction caused a landslide, which buried most of Joe's farmland; now it can no longer be used for farmland. Joe is bringing an action against the city for his property loss.What is this an example of?Inverse condemnation Taxation is one of the inherent burdens of private landownership.True Exercise of police power must be in whose best interest?The public Local governments and their planning boards control budgeting, site plan review, and building codes.True What is inverse condemnation?It occurs when government actions deprive a property owner of the value of the property without offering just compensation.With which type of government power is a property owner compensated when the government imposes an involuntary title conveyance for the public good?Eminent domain Eminent Domain and Inverse Condemnation in Georgia .....The audience was surprised by this, and a few people said, "What?" and "That doesn't make sense."Joe said, "If the public authority believes the private project will serve the public good, it can invoke the power of eminent domain.This has traditionally been done to clean up blighted areas, but recently a Supreme Court decision took that a bit further. In Kelo v. the United States, the court ruled that cities can exercise the power of eminent domain to promote private economic development, even though the Constitution prohibits our government from taking private property except for a public use. The case that started it all took place in New London, Connecticut, where the city allowed a private company to take an entire neighborhood for private development. The property owners filed a lawsuit, and the case went all the way to the Supreme Court, and the property owners lost. Some people are concerned that this case will give municipalities license to take private homes to make developers rich and provide a larger tax base for the city. Is that a fair concern? Only time will tell." Which one of the government powers permits local governments to place a lien against property?Taxation The state controls lands and open spaces, planning and zoning, and subdivision development.False

When the government takes title to private property under eminent domain, or regulations remove the economic value of a private property.Taking What's one benefit of the government using the power of escheat?It allows the government to take the property and put it back into use for the public good.Government agencies may exercise police power only in situations where it does not restrict the freedom of its citizens.False Which of the following would be something that could be improved by using funds from a special assessment tax?Road repaving Condemnation occurs when the government takes someone's property and offers just compensation based on the property's value.True Police power is the government's authority at what level(s)?At any level The purpose of taxation is to meet the need for public works by funding them through a stable source of income that allows many to share the burden.True LienTaxation

Taxation-Legal Power: Lien-Owner compensated? No

The power of the government to take private land for public use Eminent domain Why would the state even want Mr. Thomas' property?What use could it possibly have for it? Believe it or not, the power of escheat actually serves a valuable purpose. For which of the following reasons does the state employ this power?To resolve unpaid tax debts Not a reason Deirdre lost her job, and the bank foreclosed on her condo.Which of the following of her outstanding debts will the bank pay first?Property taxes Which type of power gives the government the authority to do what's right for the public good and the owner may or may not be compensated?Police power PETE is an acronym for the government powers over land

use:

P = Police powerE = Eminent domainT = TaxesE = Escheat

Escheat-Legal Power: Involuntary conveyance at death when no

will exists and no heirs or creditors are found-Owner compensated? No The power of escheat lies in different hands depending on the state. In Georgia, which governmental entity holds the power of escheat?State The Kelo vs. City of New London U.S. Supreme Court ruling was controversial because the U.S. Constitution prohibits the government from taking private property except for "public use." What governmental power was central to this case?Eminent domain

Involuntary conveyance at death when no will exists and no heirs or creditors are found Escheat Kelo v. the United States was a U.S. Supreme Court case that centered on a city's use of the power of eminent domain. The resource briefly describes the focus of this case. What was significant about the court's ruling?The court ruled that cities can exercise the power of eminent domain to promote private economic development, even though the Constitution prohibits this.Sort the government powers based on whether the owner is compensated.Eminent Domain Yes What kind of tax could be levied on property owners for a public project that benefited the property owners only in that district?Special assessment tax Inverse condemnation occurs when private property is regulated by a government authority to the detriment of the land owner.True Which of the following statements about escheat is true?In Georgia, the state has the right to use the power of escheat Over which of the following areas do local authorities have no police power?Deed restrictions What might the government do if property owners fail to pay taxes on their property?Place a lien on the property The Power of Escheat in GeorgiaWhen a property owner dies without having a will in place, the property is distributed to heirs in accordance with inheritance law. But if no heirs or creditors can be found, the state can take the property through its powers of escheat. In some states, the county has this right; in Georgia, all personal and real property reverts to the state.It may seem opportunistic of the government to take personal property when a person dies without a will or creditors who can make a claim on their property. But imagine what would happen if the property lay vacant and unused for years. By taking possession, the government can put the property back into use for the public good.Mr. Gray owns property in the city. He passed away, leaving no will, no heirs, and no creditors. The state can acquire the property through which process?Escheat

Eminent Domain-Legal Power: Involuntary title conveyance for the public

good-Owner compensated? Yes Unpaid property taxes are generally paid after all other creditors receive the money they're owed.False Why would the state even want Mr. Thomas' property?What use could it possibly have for it? Believe it or not, the power of escheat actually serves a valuable purpose. For which of the following reasons does the state employ this power?To re-sell the property for a profit Not a reason

Allentown sits on the river, and its many bridges need repair. Which police power is Allentown likely to use in order to fund improvements to its bridges?Taxation Governmental authority to do what's right for the public good Police Power Which power is used by the government upon the death of a property owner when no will, heirs, or creditors can be found?Escheat A taking is a form of government seizure of property that isn't related to the public good.False Eminent Domain and Inverse Condemnation in Georgia"Now, someone mentioned eminent domain a moment ago.What is eminent domain?" Joe asked.Jerry raised his hand, and Joe pointed to him. "Smart man in the green shirt."Jerry replied, "The power of the government to take private land for public use.""Right you are. Eminent domain is the ultimate police power. We want it, we take it.However, we will pay you for it, and we'll pay fair market value, too.Joe wrote "eminent domain" on the white board."When the government actually takes someone's property, it's called-wait for it-a taking." Joe wrote the word on the board while the class groaned. "A taking can happen using eminent domain, but there's also government taking where the property owner isn't compensated, and has to sue the government for the property's value.""When the government takes property under eminent domain, it's called condemnation. A governmental authority appraises the property that's being taken. The owner of the property is then offered the appraised value as just compensation.The owner can decline this amount and hire an attorney if they think it's too low."So, condemnation is one kind of taking." Joe wrote "1. Condemnation" on the board under the word taking. "Now let's talk about the other kind of taking... the one that doesn't involve an offer of compensation from the government. Basically, the government is in denial about what they're doing. This type of taking is called 'inverse condemnation.'" Joe wrote on the board, "2. Inverse condemnation." Types of Government Power-Taxation-Eminent Domain-Escheat-Police Under which of the following circumstances can the state use its power of escheat?A property owner dies without a will in place, and no heirs or creditors can be found.Sort the government powers based on whether the owner is compensated.Taxation No When government regulation causes a land owner's property to decrease in value, it's called ______.Inverse condemnation