Land Use Controls and Regulations Flashcards

A deed restriction that prohibits commercial use of residential property is an example of which type of private land use control?

Answer: Covenant, condition, or restriction (CC&R)

CC&Rs are private deed restrictions that run with the land and restrict or regulate how property may be used.

Which of the following is NOT a government power used to control land use?

Answer: Easement by prescription

Prescriptive easement is a private law concept, not one of the four governmental powers (PETE: Police power, Eminent domain, Taxation, Escheat).

What is the purpose of a general plan (master plan) in California land use?

Answer: To guide long-term growth and development of a community

California's general plan is a long-term blueprint guiding community development, land use, housing, and infrastructure.

When a government regulation deprives an owner of substantially all economic use of their property without physical taking, it may be considered:

Answer: A regulatory taking

A regulatory taking occurs when a government regulation goes so far that it effectively takes a property's economic value.

What does the California Subdivision Map Act require before a parcel of land can be subdivided?

Answer: Local government approval of a tentative and final map

The Subdivision Map Act requires local government approval of both a tentative and final map before land can be subdivided.

Which term describes the right of the state to take ownership of property when a person dies without heirs and without a will?

Answer: Escheat

Escheat is the government power by which the state takes title to property when the owner dies intestate with no heirs.