Deck 13: Legal Planning and Regulation of Land Use

Question 1

The "rational nexus" test means that if a state or local government's law results in private property becoming worthless then it is only rational and right to compensate the landowner.

Answer 1

False

Question 2

With regard to restrictive covenants:

A)even though they are not created by a governmental entity, if they restrict racial minorities' right to buy land they are unconstitutional.
B)they are generally legal even when they discriminate against the disabled in group homes since these homes do not contain "families" under the traditional
Meaning of the word.
C)they can only be used to restrict residential property, but not commercial.
D)all of the above.

Answer 2

A

Question 3

Under the rational basis test, legislation will be declared unconstitutional unless there is a compelling government interest.

Answer 3

False

Question 4

When a state holds a resource that is available for the free use of the general public, a court will look with considerable skepticism upon any government conduct which is calculated either to reallocate that resource to more restricted uses or subject public uses to the self-interest of a private party.This statement relates to:

A)the law of eminent domain
B)the legality of exclusionary zoning ordinances.
C)the public trust doctrine.
D)the law of inverse condemnation.
E)none of the above.

Question 5

A restrictive covenant may not establish a more limited use of land than allowed by a zoning ordinance.

Question 6

Strict liability requires proof that a landowner was engaged in abnormally dangerous activities or was making a non-natural use of the land.

Question 7

Even though restrictive covenants are agreements made among private parties, they can still violate the U.S.Constitution.

Question 8

Only the United States government has the right to take private property for public purposes.

Question 9

Under common law dedication the public acquires ownership of the dedicated land.

Question 10

Carl, an avid environmentalist, sued a large steel mill in his town under a theory of private nuisance.Carl's lawsuit will be dismissed because this action is beyond the limits of private nuisance.

Question 11

Inverse condemnation is used exclusively in cases involving interference with land by aircraft.

Question 12

A Covenant is an oral or written agreement that not only binds the parties but also later owners of the land

Question 13

Unlike the government's actual physical taking of land, a government does not have
to pay damages when there is no physical taking.

Question 14

In exclusionary zoning cases, all courts have decided that the zoning laws in question are valid for ecological or environmental reasons.

Question 15

Generally, when courts award just compensation in eminent domain cases, they do not allow evidence of lost profits for businesses that are able move to another location.

Question 16

A restrictive covenant will still be enforced if:

A)the neighborhood has changed drastically.
B)it is more restrictive than the zoning ordinance.
C)it contains racial restrictions.
D)all of the above.

Question 17

In regards to inverse condemnation:

A)the landowner rather than the government initiates the legal proceedings.
B)the landowner's property is not physically taken, but his use and enjoyment of his land is restricted.
C)the United States Constitution expressly provides for compensation when occurs.
D)two of the above.(a and b)
E)none of the above.

Question 18

A nonconforming use is different from a variance.

Question 19

The term "police power" is normally used to describe attempts by the police to form unions.

Question 20

Federal and state governments use three methods to acquire privately owned land.Which of the following is not one of them?

A)Escheat.
B)Dedication.
C)Zoning.
D)Condemnation.

Question 21

In order to determine whether a zoning ordinance is discriminatory courts consider the:

A)impact of the official action.
B)historical background of the decision.
C)sequence of events leading up to the decision.
D)departure from usual procedures or usual substantive considerations.
E)all the above.

Question 22

In order for a variance to be granted, there must be proof that:

A)the variance will not change the neighborhood's essential character.
B)the hardship caused by the zoning ordinance is unique to the property in question and does not affect other property in the same area.
C)the property was used for a nonconforming purpose when the zoning ordinance was enacted.
D)all the above.
E)two of the above.(a and b)

Question 23

The City of Bemidji is attempting to force Olson, a real estate developer, to dedicate his land for a park and a school in a new subdivision he is building.In this situation:

A)developers like Olson must always accept any dedication the city requests since it is for the greater good of the community.
B)the dedication is legal if there is a "rational nexus" between the dedication of Olson's land for the park and school and the city's development plans.
C)Bemidji's dedication will not be legal since this is a clear unconstitutional taking of private property.
D)Olson will be compensated over a period of time according to amortization provisions.
E)two of the above.

Question 24

In purchasing a condominium, the most important document to the buyer is the Master Deed.The Master Deed in most cases:

A)authorizes a Board of Directors to administer the condominium affairs pursuant to the bylaws and to assess the owners in order to adequately
Maintain the condominium.
B)describes the condominium units and the common.areas and any restrictions on their use.
C)establishes the undivided interest percentage.
D)all of the above.