...circumscribed problems and actions to deal with them. Impact Fees: A charge levied on developers by local governments to pay for the cost of providing public facilities necessitated by a given development. Rational Nexus: A reasonable connection between impact fees and improvements that will be made with those fees. Jurisdictions must be able to justify the fees they charge developers by showing that the fees will be spent on improvements related to the development. Linkages: Typically, a payment to a municipality for some needed development that is not necessarily profitable for a developer (say low-income housing) in exchange for the right to develop more profitable, high-density buildings (say, commercial development). Incentive Zoning: Zoning provisions that encourage but do not require developers to provide certain amenities or qualities in their projects in return for identified benefits such as increased density or rapid processing of applications. Density Bonusing: Density Bonuses offer developments a level of density that surpasses the allowable Floor Area Ratio (FAR) in exchange for amenities or housing needed by the community. These amenities typically include parks, heritage preservation and affordable housing, but offering increased...
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...Residential Land Development Residential construction planning and zoning will be the primary focus of this research assignment. First discussed topic will be a rough checklist of the development process from start to finish. Secondly discussed, will be the comprehensive land use plan. Next, the topic will be exactly what zoning is, and how it affects urban land development process. Subdivision regulations, plats, will also be discussed. Lastly a graph showing the process will be provided and discussed regarding the city of Lubbock ‘s development process. Development starts with a vision in mind; it would be have to be used with the skills, desires and resources to produce the outcome that is desirable by the developer. “Construction Funding (4th Edition)” says, “ The process of development is long and complex”, they give a check list that is a good guideline for the process, but due to the complexity of the process it is not a definite checklist. According to “Construction Funding (4th Edition)” page 67 the check list goes as follows: - Concept: Product identification and establishment of development criteria - Identity seed capital - Assemble Internal team: Site Acquisition, financial analysis, marketing, negotiation - Market area identification - Location possibilities - Feasibility study - Marketing study - Site Analysis: Preliminary environmental study, suitable for desired purpose; identifying potential obstacles and opposition - Land Acquisition: Optioning...
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...housing construction for lower-income families. Assessed Value is the value determined as the basis on which an owner's property tax liability is calculated, usually a percentage of market value Board of adjustment refers to that in local zoning law, a board of citizens, appointed by the governing body, to hear and make determinations on appeals for zoning variances. The board of adjustment is somewhat unique in that its determinations are final rather than merely recommendations to the governing body. They can be appealed only in court. Comprehensive Plan is a local government's general guide to a community's growth and development based on the community's goals and objectives. Concurrency is the requirement that public facilities and services, including roads, sewers and schools be available at the same time new development is completed Condemnation is the legal procedure involved with eminent domain, the right of government to acquire private property, without the owner's consent, for public use in exchange for just compensation. Dedicated (property) is the conveyance of property form a private owner to government for public use. Common examples are the dedication of streets, parks, or other areas to local government in the course of subdivision development. Economic and Environmental Impact Statements studies the effect that a new development will have on the economy or the environment of the region. Effective Tax Rate (property tax) is the tax liability divided by the properties...
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...In Focus: No Zoning in Houston? To begin to evaluate the effect of zoning codes, it is important to keep some of the characteristics of Houston in the back of your mind: the city has a growing economy, booming population, and urban sprawl, but it also filled with air pollution, traffic congestion, and a somewhat ineffective method of public transportation. It is unlike many other cities for a variety of reasons, but in regards to urban politics, its biggest difference is a lack of a zoning code. Zoning codes are typically used to keep developments at a low-density, but even without them, Houston has a sprawling, low-density urban structure. Zoning is also used to protect property values, but some of the most expensive homes in downtown Houston are very near to commercial developments. If there are no zoning codes, what promotes such success similarity to other large, zoned cities? After reading the research on this topic, most views on which come through local media sources, it is apparent that the effects of zoning are a very contested issue. Many individuals argue that the lack of zoning gives Houstonians a necessary right to private property usage, while others would like more regulation in city development. Additionally, voting against zoning laws allows the opportunity to test alternatives to zoning laws. The city has tried to pass zoning laws in 1948, 1962, and 1993, but each time, they have failed to get close to a majority of the citizens’ votes, even in small straw...
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...Approach- by David C. Ling and Wayne R. Archer, there is a discussion on having limited or no public real property zoning regulations. In this short essay I will discuss the pros and cons of pubic real property zoning regulations as well as the effectiveness of this policy as it relates to Houston, Texas’s overall real estate market. I will then relay my thoughts as to whether this is a model that other municipalities should adopt or not. Before we dive into the pros of public real property zoning regulations, first lets answer the question, what is the purpose of zoning? The main purpose of zoning is to use the land or a property for the common good of society. Zoning is also used to maintain the unique characteristic of the society, to protect and conserve the value of buildings, and to prevent new development from meddling with the existing uses. So what are some pros of these zoning regulations? One of the more important benefits of zoning is that it can give a community some control over its land uses, appearance, and quality of life in the future. This may help with implementing community goals and objectives such as allowing potential nuisance uses to be located away from residential neighborhoods or other sensitive areas as well as preventing the mixing of incompatible land uses (such as erotic dance clubs and schools). Zoning can also protect and enhance property values, recreational spaces and open space as well as help conserve existing...
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...▪ Prescription is a term usually applied to easements. We refer to easements by prescription[->0]. ▪ The nominal rate of interest is the: ⁃ rate set forth in the note. ▪ Study aid: "TTIP" TIME: That the co-owners became such at the same time. TITLE: Created by a single will or transfer. INTEREST: Equal shares. POSSESSION: A right to use the whole and share in the profits and costs. Foreclosure[->1] breaks two of the unities: Time and Title. ▪ If economic conditions are rapidly changing, it is difficult to make the adjustments to the price of comparable properties[->2]. ▪ Rental payments are $80 per day ($2,400 / 30). The seller will be debited for 16 days or $1,280 ($80 x 16). Prorations[->3] typically assume that the buyer's rights and obligations begin on the day of closing. ▪ Subagent[->4]" means a person to whom an agent delegates agency powers. However, "subagent" does not include an associate licensee who is acting under the supervision of an agent in a real property transaction. The marketing of real property by real estate agents is often a cooperative effort. The listing broker usually makes an offer of compensation to a cooperating broker (subagent) by placing the property on the Multiple Listing Service[->5]. Some MLS's make the offer of subagency automatic, while for others, the offer of subagency is optional and requires an affirmative act by the listing broker. If the principal (seller) specifically authorizes his/her broker to appoint a subagent and...
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...(2009). 504 U.S. 555 (1992), Under the Endangered Species Act of 1973, federal agencies were required to consult with the Department of Interior regarding their policies that could jeopardize endangered species. DOI interpreted this law to mean any policies home or abroad. Reagan administration limited this to policies at home in 1986. Defenders challenged this policy shift regarding projects in Sir Lanka and Egypt on the grounds that it violated the ESA of 1973. The district court dismissed, but the 8th Circuit Court of Appeals reversed. The Supreme Court held in a 7-2 vote that the Defenders did not have standing. O’Brien, D. (1991) Elliott, H. (2009). 450 U.S. 621 (1981) Appellant owned land in San Diego which was purchased for the zoning of industrial and agricultural purposes. The appellant brought an...
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... * On August 25, 1976, petitioner Ortigas & Company sold to Emilia Hermoso, a parcel of land known as Lot 1, Block 21, Psd-66759, with an area of 1,508 square meters, located in Greenhills Subdivision IV, San Juan, Metro Manila, and covered by Transfer Certificate of Title No. 0737. The contract of sale provided that the lot: a. Be used exclusively for residential purposes only, and not more than one single-family residential building will be constructed thereon. b. The BUYER shall not erect any sign or billboard on the roof for advertising purposes. c. No single-family residential building shall be erected until the building plans, specification have been approved by the seller. d. Restrictions shall run with the land and shall be construed as real covenants until December 31, 2025 when they shall cease and terminate These and the other conditions were duly annotated on the certificate of title issued to Emilia. * In 1981, the Metropolitan Manila Commission (now Metropolitan Manila Development Authority) enacted MMC Ordinance No. 81-01, also known as the Comprehensive Zoning Area for the National Capital Region. The ordinance reclassified as a commercial area a portion of Ortigas Avenue from Madison to Roosevelt Streets of Greenhills Subdivision where the lot is located. * On June 8, 1984, private respondent Ismael Mathay III leased the lot from Emilia Hermoso and J.P. Hermoso Realty Corp. The lease contract did not specify the purposes...
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...Corporation? Both LLC and Corporation have to pay $10 fees g. Does a Corporation doing business in SC but formed in another state have to register with the State of South Carolina? Yes, they are required to register every location that their business resides in h. Does a General Partnership have to file anything with the Secretary of State? No. 2. BUSINESS LICENSES AND TAX REGISTRATION For this portion- I chose to run an S CORP for my liquor store which sells tobacco, wine, and liquor. My three employees are my cashier, stocker, and manager. a. In Charleston, all businesses are required to have an annual business license for each location. There is a five step process for obtaining this business license. First- Zoning Compliance. The city encourages every business to confirm the zone and physical layout of the building they buy, lease, or commit to. Second- Renovations might require permits so make sure you have an understanding in which projects will require permits. The City’s Building Inspections Department will confirm if one is needed. Third- Business License Certificate of Occupancy Application. You must apply for this business license to be an...
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...responsibility, integrity, competence and justice geared towards the attainment of well-planned and sustainable communities through the regulation of land use, housing development and homeowners associations, and the just resolution of disputes.. MISSION To promulgate and enforce policies on land use, housing and homeowners associations which promote inclusive growth and economic advancement, social justice and environmental protection for the equitable distribution and enjoyment of development benefits. MANDATES: 1. PLANNING : (EO 648; EO 72; RA 7279) Formulation of Comprehensive Land Use Planning Guidelines Technical assistance to LGU’s in CLUP preparation and to members of Provincial Land Use Committee (PLUC) and Regional Land Use Committee (RLUC) in CLUP review. Review and approval of CLUPs for Highly Urbanized Cities (HUCs), Independent Component Cities (ICCs), Metro Manila cities and Provincial Physical Framework Plans (PPFPs). Install an information system to monitor changes in the actual use of land resources and the implementation of CLUPs by LGUs. Update and revise the National Urban Development and Housing Framework. Train LGUs in subdivision plan approval and zoning enforcement. 2. REGULATION: (EO 648; EO 90; EO 71; EO 72; PD 957, 1216, 1344; BP 220; RA 7899; RA 9904; RA8763 (Sec.26)); Register and license subdivision and condominium projects, farm lots, memorial parks and columbaria. Monitor development and construction of registered/licensed projects...
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...Zoning Out: Vested Rights Can Cost You Susan K. Burkhart skb@cshlaw.com Vested Rights What Are They? Analogy if you do personnel law: • At will employment – no constitutional protection to continued employment because you have a mere expectation of continued employment • Contract employment – have constitutional protection to continued employment because there is a protected “property interest” at stake Essential rule of zoning and vested rights law: • A zoning ordinance is not a contract between the town and its citizens; a zoning ordinance, including a zoning classification, is subject to repeal or change at the will of the governing body – subject only to “vested rights” of the citizens in the town. McKinney v. City of High Point, 239 N.C. 232, 79 S.E.2d 730 (1954). /_______/_______/_______/_______/_______ 1 2 3 4 5 1. 2. Landowner bought land – land zoned “GB” in 2000 Landowner confirmed at meeting with Town Planning Director in 2005 that car dealership permitted under GB zoning Landowner spent $100,000 for architect, engineering fees, etc., went to architectural review meetings with Town and obtained architectural approval from Town for proposed building Landowner obtained building permit 3. 4. 5. Landowner acquired building permit and spent $50,000 in engineering costs and other fees in reliance on the permit Two Methods for Obtaining Vested Rights: • Statute • Common law - created by case law (written appellate decisions) rather than...
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...Adult Entertainment: The Effect it has on Local Politics, Taxes, & Society Lindsey M. Chapman BUS 670: Legal Environment Professor Kim Stock-Foster May 21, 2012 While planning the development and growth of any city, most government officials do not keep the idea of adult entertainment type businesses at the top of their list or in the front of their minds; however almost any and every city of any size will have to encounter this type of business at some point in time. Adult entertainment type businesses come with their own type of issues when it comes to tax laws, business permits, and so forth, but in the past these types of businesses have been able to utilize their First Amendment Rights to defend their style of business, but when these types of businesses are utilizing local tax money to protect and defend their businesses when is enough, enough? It is well known that many people will turn to adult entertainment, not only for entertainment but for work for the simple fact of making a significant amount of money in a very short time; however what kind of impact do these types of businesses have on local governments and societies when the majority of the employees do not pay any taxes on their income? The following paper will describe the effects that adult entertainment businesses have on local governments, the tax laws, and the effects these taxes have on the society of the environment the business is in. Throughout history there have been many...
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...CHAPTER 1 THE NATURE OF REAL ESTATE AND REAL ESTATE MARKETS ------------------------------------------------- Test Problems 1. A market where tenants negotiate rent and other terms with property owners or their managers is referred to as a: b. User market 2. The market in which required rates of return on available investment opportunities are determined is referred to as the: d. Capital market 3. The actions of local, state, and federal governments affect real estate values d. All of the above 4. Approximately what portion of U.S. households own their own home? b. Approximately two-thirds 5. Of the following asset categories, which class has the greatest aggregate market value? d. Nongovernment real estate 6. Storm water drainage systems are best described as: b. Improvements to the land 7. What is the single largest asset category, in terms of value, in the portfolio of the typical U.S. household? a. Housing 8. Real estate markets differ from other asset classes by having all of the following characteristics except: d. Homogeneous product 9. Which of the following is not important to the location of commercial properties? c. Access to schools 10. Which of the following attributes of a home are the most difficult to observe and value? c. location attributes ------------------------------------------------- Study Questions 1. The term real estate can be used in three fundamental ways. List these...
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...LAND USE ZONING ORDINANCE OF THE TOWN OF MOUNT DESERT ENACTED MARCH 6, 1978 AMENDED JUNE 21, 1978 AMENDED AUGUST 4, 1980 AMENDED MARCH 2, 1981 AMENDED MARCH 7, 1983 AMENDED MARCH 5, 1984 AMENDED MARCH 4, 1985 AMENDED MARCH 3, 1986 AMENDED MARCH 2, 1987 AMENDED OCTOBER 24, 1988 AMENDED MARCH 6, 1989 AMENDED MARCH 5, 1990 AMENDED MARCH 4, 1991 AMENDED MAY 20, 1991 AMENDED OCTOBER 7, 1991 AMENED MARCH 2, 1992 AMENDED MARCH 2, 1993 AMENDED MARCH 8, 1994 AMENDED MARCH 7, 1995 AMENDED JUNE 6, 1995 AMENDED MARCH 6, 1996 AMENDED MARCH 4, 1997 AMENDED MARCH 3, 1998 AMENDED MARCH 8, 2000 AMENDED MARCH 7, 2001 AMENDED MARCH 5, 2002 AMENDED MARCH 4, 2003 AMDNED MARCH 2, 2004 AMENDED MARCH 8, 2005 AMENDED MARCH 7, 2006 AMENDED MARCH 6, 2007 AMENDED MAY 6, 2008 AMENDED MAY 5, 2009 AMENDED NOVEMBER 16, 2009 AMENDED MAY 4, 2010 AMENDED MAY 3, 2011 AMENDED May 8, 2012 AMENDED July, 25, 2013 AMENDED FEBRUARY 24, 2014 Town of Mount Desert Land Use Zoning Ordinance As amended at Special Town Meeting February 24, 2014 MT. DESERT LAND USE ZONING ORDINANCE TABLE OF CONTENTS Page(s) SECTION 1. PREAMBLE 1.1 1.2 1.3 1.4 1.5 Premises .................................................................................................................. 1-1 Assumptions ............................................................................................................. 1-1 Purpose ...................................................................................................................
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...Client File memorandum to: File from: Re: HOLLY MARTIN, Tax year 2013 FACTS Our client, Holly Martin, is a developer who acquired a parcel of unimproved real property that she would like to develop. Although the land is currently zoned for commercial use, the developer would prefer not to begin development until an adjoining street is widened. With a wider street, her development can include a landscaped public entrance and lighting. Without the widening, the development will have only one entrance that is neither as accessible nor as attractive. The city does plan to widen the street in order to build bike paths which are now required in its new city plan. However, it will be easier for the city to widen the street if it acquires an easement across Mrs. Martin’s property. Mrs. Martin is interested in providing this easement to the city but would like assurance that she will receive a charitable contribution deduction for the easement. ISSUE AND CONCLUSION 1 Will the donation of the easement by Mrs. Martin qualify as a charitable contribution deduction? No, the donation of the easement will not qualify as a charitable contribution deduction. ANALYSIS 1 B-1 B-3 B-2 IRC §170 provides that contributions individuals make are deductible in the tax year paid. Unless the IRC provides an exception, it is the general rule that all charitable contributions made to a qualified organization, listed under IRC §170(c), shall be allowed a deduction. IRC...
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