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Property Law - Regs.

AB
ZoningRegulates use of Property
Purpose of ZoningPromote health and welfare of general public
Building CodesPublic laws regulating construction methods and materials
Purpose of Building CodesProtect general publics health, safety, and welfare.
CERCLAComprehensive Environmental Response, Compensation and Liability Act
Passed 1980CERCLA a/k/a Superfund - Recover clean up costs
Eminent DomainGovt. power taking private property for public use
Property owner is entitled tofair market value of property Re: eminent domain
Ad Valorem TaxTax assessed based on value of real property
Millage Rate.0112500/Dollar
LienMoney debt attached to real property.
Income Tax LienPenaly for not paying taxes.
Judgment (lawsuit)Attaches and encumbers real estate.
Judgment LienLien on real property until paid or expires by passage of time.
Mechanics LienSecures payment for work performed.
Priority date of mechanics lien claimFirst time work is performed or material furnished
Foreclosure suit or sale of real estateWay to enforce a mechanics lien
Set forth a strict standard to file mechanics liensSupreme Court
EasementSpecific right given to nonowner of real property
Restrictive CovenantsRestricts use of private property
Private restrictive covenantsEnhances landowners property value
Injunction or lawsuit for damagesWay to enforce Restrictive Covenants.
Environmental Protection LawsProtects earth, water, and air
New York Theoryis between owner and general contractor
Pennsylvania Theorydoes not limit amount of claims by subcontractor or material supplier
Private EncumbrancesLiens, mortgages, easements, and restrictive covenants.
EncumbranceA claim, charge, liability on property that lowers the value.
Taking of Real PropertyEntitles owner to $$$
Government exercise of eminent domainMust establish property needed for public use


KS

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