Term
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Definition
| A law is a conduct that must be obeyed. A person who violates a law is subject to legal consequences. |
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Term
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Definition
| A statute is a written law passed by the legislative branch of the US. |
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Term
| Hawaii Revised Statutes (HRS) |
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Definition
| Hawaii written law. ex. HRS 467 = laws made by the legislature regarding the licensing of agents. |
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Term
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Definition
| Common law is determined by the outcome of court cases. It is an interpretation of the law. |
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Term
| Alternative Dispute Resolution: Mediation |
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Definition
| A private, informal dispute resolution in which a neutral third party helps the parties reach agreement. Mediation is non-binding=has no power to impose a decision. |
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Term
| Alternative Dispute Resolution: Arbitration |
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Definition
| A dispute resolution in which a neutral 3rd party makes a binding (has power to impose) decision after a hearing with the parties. |
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Term
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Definition
| Law found in the Federal or State Constitution. It is the supreme law of the land. |
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Term
| Legal Controls: Regulation |
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Definition
| A rule issued by governmental departments to carry out the intent of the law. |
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Term
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Definition
| An established guideline or standard which has legal effect. |
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Term
| Hawaii Administrative Rules (HAR) |
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Definition
| The Real Estate Commission makes rules (guidelines or standards) regarding the licensing of agents (HAR 16-99). |
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Term
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Definition
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Term
| Legal Controls: Ordinance |
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Definition
| A local law passed by the the local governing authority (ie. city council). Ordinances often govern zoning, building and safety. |
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Term
| State Controls: Eminent Domain* & Condemnation* |
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Definition
| The power of the government to take (condemn) private property for public use with just compensation (value of prop determined by gov). Condemnation is the legal process used to condemn the property. |
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Term
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Definition
| An example of eminent domain where residential lessors of leasehold properties were forced to allow the lessees to purchase the fee simple interest to their land (fee conversion.) Established to break up the monopoly of landowners at the time. The state contended this law was good for the public. |
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Term
| State Controls: Police Power |
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Definition
| The right of the state government to regulate for the safety of its citizens. Since the regulation is good for the public, the gov't does not have to provide just compensation. |
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Term
| State Controls: Police Power: Zoning |
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Definition
| A police power that allows the land to be regulated in terms of land usage and physical dimensions. ex.) setback requirements, structural and architect. designs of bldgs, etc. |
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Term
| State Controls: Police Power: Zoning: Nonconforming Use* |
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Definition
| A use that was legal but no longer is due to a changed zoning ordinance (law). |
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Term
| State Controls: Police Power: Zoning: Special Use Permit |
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Definition
| A special use permit allows an exception to a zoning ordinance if it is good for the public. |
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Term
| State Controls: Police Power: Zoning: Variance* |
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Definition
| A request for permission to vary from the requirements of a zoning ordinance. The property owner must obtain a permit from the Department of Planning and Permitting by showing that the ordinance imposes a unique hardship. |
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Term
| State Controls: Police Power: Zoning: Spot Zoning |
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Definition
| Granting a zoning classification to a specific parcel of land that is not in conformity with the general zoning of the area. |
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Term
| State Controls: Police Power: Zoning: Ohana Dwelling* |
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Definition
| A second dwelling on the same lot as the first dwelling. Must be occupied by persons related by blood, marriage or adoption to the family residing in the first dwelling. Permitted only on a conforming (meets size/zoning requirements) lot, must be attached to the main house with direct street access. |
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Term
| State Controls: Police Power: Zoning: Buffer Zoning |
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Definition
| An area where nothing can be built, allowing 2 different zoned areas to blend with each other. |
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Term
| Local Government Controls: Department of Planning & Permitting (DPP) |
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Definition
| The DPP (planning division) helps establish, promote, and implement long-range planning programs for Honolulu. The DPP reviews and processes land use approval requests such as variances. |
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Term
| Local Government Controls: Building Permits |
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Definition
| Building permits are required to build, demolish, repair, alter, relocate or make additions to an existing building or structure. Obtained at the Building Division of the Department of Public Works. |
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Term
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Definition
| When an individual, and not the government, restricts the usage of private property. i.e. Homeowner's Assoc. |
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Term
| Private Control: Easement |
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Definition
| An easement allows another party to use the owner's property. |
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Term
| Private Control: Deed Restriction |
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Definition
| A limitation placed by a previous grantor on the use of the property which binds all future owners. |
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Term
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Definition
| A lease controls land use. If an owner leases his property to an individual, the property owner's use in the property is ltd. |
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Term
| Private Control: Covenants, Conditions & Restrictions (CC&Rs) |
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Definition
| CC&Rs are used by many developments including condomniniums and co-ops to regulate the use, appearance and maintenance of the property. They are the governing documents that dictate how the homeowner assoc. operates and what rules the owners, tenants and guests must obey. |
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Term
| Private Control: Dedication* |
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Definition
| Written or oral offer to transfer real property to public property for a specific purpose. An acceptance by a public agent is necessary. |
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