Government Rights in Real Property & Fair Housing

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A 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
Four Government Rights Police Power, Eminent Domain, Taxation and Escheat
The right of the government to take privately owned property for a public use or improvement by paying just fair compensation. Eminent Domain
Taking private property for public use. Eminent Domain
Is used when there is no agreement or the legal proceedings used by the government to take the property. Condemnation
Public corporations are called Quasi Public
If owner and government are unable to negotiate satisfactory compensation, the government initiates __________ action to take the property. Condemnation
The government may condemn for ..... Public housing, Freeways, Irrigation Projects, Airport Runways, etc.
The right of the government to control the use of privately owned property. Police Power
The right of government to enact laws for the protection of the 'health, safety, morals and general welfare' of the people. Police Power
Created to protect purchasers from deceptive practices once common in the sale of unimproved land. Subdivision ordinances
Controls the dividing up of the land. Subdivision ordinances
Sets minimum structural standards Building Codes
Rules set up by local governments to regulate building and construction standards. Building Code
Laws of local governmental authorities (cities, counties) that regulate and control the use of the land. Zoning Codes
Regulates building heights, use of the building, setbacks, etc.. Zoning
Land use classifications Zoning
Enforced through the use of building permits. Zoning Code
Where the use was there before the Zoning; which is now prohibited but the use remains. Nonconforming use
A permission from planning and zoning to use the property from other than what it is zoned. Variance
Regulate height, bulk and use of buildings; the use of land, and the density of population. Zoning code
Usually divide into use classifications of residential, commercial, industrial and agricultural. Zoning Ordinances
Have been established in most communities to hear complaints and petitions. Zoning boards of appeal
A 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
Permission given by zoning authorities to use a property for some purpose not presently permitted by the zoning laws. Variance
Is considered a restriction on the use of land and not a claim against title which is called an Encumbrance. Zoning
The reversion of property to the state when a person dies without a will and without heirs. Escheat
The right of the government to have private property revert to the government if a person dies with no will and has no heirs. Escheat
Arizona (allow, does not allow) hand written will without notary. allow
A person dies without a will and no heirs is called Intestate
If a person dies intestate, property is sold after ______ years if there is no claimant. Five
If a property is sold after the owner died intestate, heir has ______ years to claim proceeds. Seven
If property is sold after owner died intestate, proceeds is deposited in _____________. State General Fund
The 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)
Ad valorem taxes According to value (full cash value or market value)
Taxes 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
Property taxes is levied by the _______________ once a year County Assessor
Property taxes is a ______________ on real property/real estate. Primary lien
Property taxes is collected by and paid to the ______________ twice a year County treasurer
Each 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
The ____________ levies upon real property the rates of taxation as set by the joint legislative tax committee. State Department of Revenue
The _________________ levies all taxes to be collected for county purposes. County Board of Equalization
The 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 Levy Total Assessed Value
The amount of ________ is imposed on each $100 of the assessed value of a specific property to arrive at the yearly taxes. Tax Levy
The ___________ has the responsibility to locate and appraise all real property in a given county at current Full Cash Value (FCV) County Assessor
The appraisal process is continuous, but values established by _________ each year are used during following year for assessment purposes. December 31st
Is the value upon which the tax bill is computed. Assessed value
An assessment percentage rate set by the ________ is applied to the Full Cash Value to arrive at the assessed value. State Legislature
Assessment rate for owner occupied residential 10%
Assessment rate for residential rental (apartment or home) 10%
Assessment rate for commercial property/vacant land 25%
Assessment rate for vacant land/agricultural 16%
Penalty for tax delinquency 16%
Computation of tax bill Full cash value x assessment percentage rate = assessed value / 100 x tax levy = yearly taxes
Property owners dissatisfied with their assessments have these courses of appeal Right 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
A tax levied upon real property is a ________________. lien upon the property assessed.
The lien on property assessed attaches on ___________. the first Monday of January of each year.
This lien is superior to all other liens and encumbrances except those held by the state. Lien on property taxes
Who collects taxes? County Treasurer
First half taxes date January 1 - June 30
Second half taxes date July 1 - December 31
Due date of first half (taxes) October 1 (First Monday in October)
Due date of second half (taxes) March 1 (First Monday of next March)
When is first half delinquent? (taxes) November 1 (First Monday of November)
When is second half delinquent? (taxes) May 1 (First Monday in May)
County Treasurer must notify taxpayer of delinquency not later than next ________. September 1st.
The sale of a delinquent property shall not be earlier than _______ nor later than _______. February 1st; March 1st.
On the day of sale, if there are no offers, the Treasurer issues to the _________ a Certificate of Purchase. State
If 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
Possession does not follow Certificate of Purchase, but awaits delivery of Treasurer's Deed after expiration of __________. Redemption Period
Owner of property may redeem at any time within ______ years from date of sale. (Redemption Period) Three
If there is no redemption within three years, purchaser can bring court action to foreclose his lien and then receive _____ to the property. Title
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