Chapter 3 (Land Use)

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  1. Land use control?
  2. doesn't means you own the land and doesn't mean you can do anything you want to the land
  3. Law is?
  4. Conduct must be obeyed.
  5. Statutory Law is?
  6. Written law by legislator provide by statutes and/or criterias
  7. Common Law is?
  8. determined by the outcome of a lawsuit
  9. Why choose alternative to Laws?
    • -Avoid going to court
    • -cost
    • -time
    • -publicity

    -uncertainty of court ruling
  10. Types of alternatives to laws?
    • *Mediation - non binding = no resolution
    • -->fastest, easiest

    *Arbitration - clause in contract, 3rd party makes decision and its BINDIND
  11. Constitutional Law is?
    -Found in federal and state constitution.

    Hawaii's own constitution

  12. Other Legal Controls?
    • -Regulation
    • -Rule
    • -Code
    • -Ordinance
  13. What is regulation?
    Is rule issued by governmental an intent law
  14. What is rule?
    -Guideline to implement law
  15. What is code?
    -Is a written law or rule
  16. What is an ordinance?
    -Is localized and not pertain to the whole state
  17. What is federal controls?
    Deals with Environmental issues

    • ex.
    • -Federal Water Pollution Control Act
    • (Wetlands)

    -The Resource Conservation and Recovery Act of 1976 (RCRA)

    -The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) or Superfund
  18. States Control?
    In certain area the federal government allow the state government to regulate.

    -Between the federal and state law, the stricter law applies.
  19. Eminent Domain?
    The power of government

    - to take private property for public use with just compensation.
  20. Condemnation
    The legal process

    - for government to take over private property for public use.
  21. Land Reform Act
    An example of eminent domain ---> forced residential lessors to allow lessees to purchase fee simple interest to their land

    *To break up monopoly of landowner
  22. What is police power?
    • for government to regulate based on general welfare of its citizen.
    • -includes health, safety, morals comfort and prosperity.

    example: strip club (too bad get out)
  23. What is zoning?
    Is a police power which allows the land to be regulated in terms of land usage and physical dimension.
  24. Types of zoning?
    • -Nonconforming Use
    • -Special Use permit
    • -Variance
    • -Spot zoning
    • -Ohana dwelling
    • -buffering zone
  25. What us nonconforming?
    • Was legal before but now illegal.
    • -a building demolished must be regulated to today's laws.
  26. What is special use permit ?
    which allows a permitted to a zoning ordinance.
  27. What is variance?
    • Request exception (contradiction) to law
    • -must request from zoning
    • ex: want to hang a sign larger than allowable.
  28. What is spot zoning?
    -To allow a zone within a zone.
  29. What is ohana dwelling?
    Second dwelling permitted to the same lot. Must be conforming to are lot.
  30. What is buffer zone?
    To blend 2 different area/land district (NO BUILDINGS)
  31. What is Local Government Control?
    -Specific area the state allows the local government to regulate land use.
  32. Type of Government Control?
    -Department of Planning and Permitting (DPP)

    -Building Permit
  33. Private Controls?
    -Developer put controls on homes.
  34. Types of Private Controls?
    • - Easement
    • - Deed Restriction
    • - Lease
    • - Covenants, Conditions and Restrictions (CC&R)
    • -Dedication
Card Set:
Chapter 3 (Land Use)
2013-08-06 23:15:04
Hawaii Real Estate

Dower's Exam
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