Book Opener

Eminent Domainand SidewalksJordan is a small, ruraltown. Although manypeople live in thecountry, the school islocated in town. Mostof the students take thebus to school, but thereare also some peopleliving in town whowant to walk to school.Unfortunately, there areno sidewalks that leadto the school, andparents are afraid it isunsafe for children towalk along the road.The city council ofJordan refuses to exerciseits right to eminentdomain and claim theproperty necessary toconstruct sidewalks.They say they will onlybuild the sidewalks ifthe property ownersagree to have the sidewalksbuilt. Do youagree with the parentsor the city council?What is the ethicalissue in this case?loss suffered by the grantee. A general warranty deed is the most desirableform of deed because it gives the grantee the most protection.A special warranty deed contains express warranties that no defectarose in the title during the time that the grantor owned the property butnot before. Unlike a general warranty deed, no warranties are made asto defects arising before the grantor owned the property. See Figure 34.6for an example of a deed.A bargain and sale deed transfers title to property without givingwarranties. A bargain and sale deed requires consideration to be valid.As a result, it cannot be used to make a gift of real property.A quitclaim deed transfers whatever interest the grantor has in theproperty, but it does not warrant that the grantor has any interest. Itmerely releases the grantor’s rights to the property.Example 7. Rebecca Hartney learned that several years ago theseller of the house she had purchased had given a neighbor theright in a deed to cut across the rear of the property. Hartneydidn’t want the neighbor to continue this practice. In return fora small consideration, the neighbor gave up the right by signinga quitclaim deed.Limitations on Property UseThere are often limitations on property use that you should be awareof when becoming a homeowner. These limits may affect how you buildon your land, as well as how you can use the land that you own. SeeFigure 34.7 for more information.Zoning LawsCommunities use ordinances and bylaws to regulate the use of realproperty within their boundaries. Most cities and towns have zoning lawsthat prescribe the use that may be made of property in specified areas. Onearea, for example, might be zoned for single-family houses only, anotherfor multifamily dwellings, and another for business and industry.When a zoning law is enacted, it does not apply to existing uses ofthe property. These uses are called nonconforming uses and may continue,although they cannot be expanded.Eminent DomainEminent domain is the right of the government to take privateland, with compensation to its owners, for public use. The governmentcan take private land for such things as public buildings, highways,school buildings, power projects, housing projects, parks, and manyother public uses. The private owner must be paid the fair value of theland taken.742 Unit 7: Planning for the Future