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Arizona Real Estate Chapter 1 Part 3
Government Rights, Regulations and Controls
12
Real Estate & Planning
Professional
06/16/2010

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Governments Four Basic Rights Over Property
Definition
PETE
Police Enforcement, Eminent Domain, Taxation, Escheat (right to take property if the owner dies without a will or qualified heirs. County and state only, not federal.)
Term
Zoning
Definition
Regulates structures and the uses of property, usually duty of counties and municipalities. Enforced through building permits.
Term
Basic Zoning Categories
Definition
Residential, Agricultural, Planned Area and Development, Commercial, Industrial
Term
Zoning Code Enforcement Tools
Definition
Building Permit, Certificate of Occupancy, Inspections, Public Safety Officers, Fire Marshals, Health and Safety Officers and Fines.
Term
City Planning
Definition
Master Plans to regulate overall community growth, neighborhood plans, urban development and redevelopment plans for downtown areas.
Term
Who taxes real estate?
Definition
State and local governments.
Term
Property Taxes
Definition
Annual, but paid twice a year. Ad Valorem (based on value of property) Primary lean against property. Tax periods are:
Jan 1 to June 30
July 1 to December 31

Due dates for taxes are:
Oct 1
March 1

Delinquent is one month after due date and accrues a 16% interest penalty per annum not paid.
Term
Who collects property taxes?
Definition
The county treasurer.
Term
What is the tax lien process?
Definition

If taxes are not paid on time, the treasurer may put a tax lien up for sale in February following the owner's notice of delinquency.

  • The tax lien is sold at public auction.
  • If there are multiple bidders, the bidder with the lowest interest rate (between 0 and 16%) wins.
  • Winning bidder pays for tax due and interest.
  • Winning bidder gets a Certificate of Purchase
  • Property owner has three years to pay county treasurer delinquent taxes, interest and fees.
  • The treasurer in turn pays the Certificate of Purchase holder
  • If the property owner does not pay up in three years the Certificate of Purchase owner can foreclose
  • Sometimes corporations will default on taxes to take advantage of a possible lower interest rate
Term
What are Special Assessment Taxes?
Definition

Taxes for local improvements such as streets and sewers.  Pro rata based meaning you pay for accrued benefits from the improvements.

 

If an owner has 100 more feet of property on a street being improved than another owner, he would pay more.

 

Can be paid all at one time over over a period of years.  Due date is same as delinquency dates for property taxes.  Nov 1 and May 1.

Term

What can property owners appeal?

Definition
  • Classification of property or assessed value.  (But NOT taxes.)
  • Appeal through assessors office, county board of equalization or state superior court.
Term
What is Escheat?
Definition

Reversion of property to the state after death.  Usually involves personal, not real, property.  State can sell after 5 years if no heir claims the property.  Money goes to the state general fund.

 

Heirs who show up late are only given a modest sum of money.

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