Flashcards
Government Rights in Real Property & Fair Housing
Flashcards do conjunto (72)
- 1A system of ownership by which an owner has all rights associated with possessing a property, subject only to limitations such as police power or eminent domain. The _______ system in its most extreme form is expressed in late Roman law: a property owner has the right to "use and abuse" his/her property.Allodial System
- 2Four Government RightsPolice Power, Eminent Domain, Taxation and Escheat
- 3The right of the government to take privately owned property for a public use or improvement by paying just fair compensation.Eminent Domain
- 4Taking private property for public use.Eminent Domain
- 5Is used when there is no agreement or the legal proceedings used by the government to take the property.Condemnation
- 6Public corporations are calledQuasi Public
- 7If owner and government are unable to negotiate satisfactory compensation, the government initiates __________ action to take the property.Condemnation
- 8The government may condemn for .....Public housing, Freeways, Irrigation Projects, Airport Runways, etc.
- 9The right of the government to control the use of privately owned property.Police Power
- 10The right of government to enact laws for the protection of the 'health, safety, morals and general welfare' of the people.Police Power
- 11Created to protect purchasers from deceptive practices once common in the sale of unimproved land.Subdivision ordinances
- 12Controls the dividing up of the land.Subdivision ordinances
- 13Sets minimum structural standardsBuilding Codes
- 14Rules set up by local governments to regulate building and construction standards.Building Code
- 15Laws of local governmental authorities (cities, counties) that regulate and control the use of the land.Zoning Codes
- 16Regulates building heights, use of the building, setbacks, etc..Zoning
- 17Land use classificationsZoning
- 18Enforced through the use of building permits.Zoning Code
- 19Where the use was there before the Zoning; which is now prohibited but the use remains.Nonconforming use
- 20A permission from planning and zoning to use the property from other than what it is zoned.Variance
- 21Regulate height, bulk and use of buildings; the use of land, and the density of population.Zoning code
- 22Usually divide into use classifications of residential, commercial, industrial and agricultural.Zoning Ordinances
- 23Have been established in most communities to hear complaints and petitions.Zoning boards of appeal
- 24A permitted use of property which was lawfully established but now no longer conforms to current use regulations because of a change in the zoning.Nonconforming Use
- 25Permission given by zoning authorities to use a property for some purpose not presently permitted by the zoning laws.Variance
- 26Is considered a restriction on the use of land and not a claim against title which is called an Encumbrance.Zoning
- 27The reversion of property to the state when a person dies without a will and without heirs.Escheat
- 28The right of the government to have private property revert to the government if a person dies with no will and has no heirs.Escheat
- 29Arizona (allow, does not allow) hand written will without notary.allow
- 30A person dies without a will and no heirs is calledIntestate
- 31If a person dies intestate, property is sold after ______ years if there is no claimant.Five
- 32If a property is sold after the owner died intestate, heir has ______ years to claim proceeds.Seven
- 33If property is sold after owner died intestate, proceeds is deposited in _____________.State General Fund
- 34The right of the government to take money from the people to pay for the cost of government services (Police, Fire, Education, etc.)Taxation (Property Taxes)
- 35Ad valorem taxesAccording to value (full cash value or market value)
- 36Taxes levied in Arizona are on a combined rate that reflects the budget needs of the state, county, city, school district, and any other special governing, district that encompasses the property.Property taxes
- 37Property taxes is levied by the _______________ once a yearCounty Assessor
- 38Property taxes is a ______________ on real property/real estate.Primary lien
- 39Property taxes is collected by and paid to the ______________ twice a yearCounty treasurer
- 40Each year the _____________ meets at the state capitol to fix rate of taxation to be levied for state purposes to be collected in each county.Joint legislative tax committee
- 41The ____________ levies upon real property the rates of taxation as set by the joint legislative tax committee.State Department of Revenue
- 42The _________________ levies all taxes to be collected for county purposes.County Board of Equalization
- 43The tax levy amount for each tax district is determined by dividing the __________of all taxable properties within a particular tax district into the amount of money that needs to be raised, thus: Budget / _________ = Tax LevyTotal Assessed Value
- 44The amount of ________ is imposed on each $100 of the assessed value of a specific property to arrive at the yearly taxes.Tax Levy
- 45The ___________ has the responsibility to locate and appraise all real property in a given county at current Full Cash Value (FCV)County Assessor
- 46The appraisal process is continuous, but values established by _________ each year are used during following year for assessment purposes.December 31st
- 47Is the value upon which the tax bill is computed.Assessed value
- 48An assessment percentage rate set by the ________ is applied to the Full Cash Value to arrive at the assessed value.State Legislature
- 49Assessment rate for owner occupied residential10%
- 50Assessment rate for residential rental (apartment or home)10%
- 51Assessment rate for commercial property/vacant land25%
- 52Assessment rate for vacant land/agricultural16%
- 53Penalty for tax delinquency16%
- 54Computation of tax billFull cash value x assessment percentage rate = assessed value / 100 x tax levy = yearly taxes
- 55Property owners dissatisfied with their assessments have these courses of appealRight of protest to 1. County Assessor before Feb. 15
2. To County Board of Equalization 3. To State of Dept. of Tax Appeals
4. To Superior Court - 56A tax levied upon real property is a ________________.lien upon the property assessed.
- 57The lien on property assessed attaches on ___________.the first Monday of January of each year.
- 58This lien is superior to all other liens and encumbrances except those held by the state.Lien on property taxes
- 59Who collects taxes?County Treasurer
- 60First half taxes dateJanuary 1 - June 30
- 61Second half taxes dateJuly 1 - December 31
- 62Due date of first half (taxes)October 1 (First Monday in October)
- 63Due date of second half (taxes)March 1 (First Monday of next March)
- 64When is first half delinquent? (taxes)November 1 (First Monday of November)
- 65When is second half delinquent? (taxes)May 1 (First Monday in May)
- 66County Treasurer must notify taxpayer of delinquency not later than next ________.September 1st.
- 67The sale of a delinquent property shall not be earlier than _______ nor later than _______.February 1st; March 1st.
- 68On the day of sale, if there are no offers, the Treasurer issues to the _________ a Certificate of Purchase.State
- 69If sale of delinquent property is sold to a person who pays in cash the total taxes owed, penalties and charges, and also offers to accept the lowest interest rate from owner to redeem the property. This person is then issued the _____________.Certificate of Purchase
- 70Possession does not follow Certificate of Purchase, but awaits delivery of Treasurer's Deed after expiration of __________.Redemption Period
- 71Owner of property may redeem at any time within ______ years from date of sale. (Redemption Period)Three
- 72If there is no redemption within three years, purchaser can bring court action to foreclose his lien and then receive _____ to the property.Title