Deck 6: The Institutional and Legal Framework of Planning and Zoning

Question 1

States typically develop zoning and land use controls for localities.

Answer 1

False

Question 2

Zoning controls are typically adopted by the local legislative body.

Answer 2

True

Question 3

The principle of due process mandates impartiality of public decision makers.

Answer 3

True

Question 4

The courts have clearly articulated the dividing line between legitimate exercise of the police power and a regulatory taking.

Question 5

A justifiable 'taking' under the 'public use doctrine' requires that the property literally be used by a public body.

Question 6

Substantive due process is concerned with the fair administration of the law.

Question 7

There is a 'presumption of validty' in the actions of a municipality to which courts give 'judicial deference'.

Question 8

Generally, judgment of the legislative actions of a local government is the function of the political process and not the role of the courts.

Question 9

In Kelo v. New London, the US Supreme Court ruled that the taking of private property for the purpose of economic development did not serve a public purpose.

Question 10

In delivering the opinion of the court in Kelo v. New London, Justice Kennedy held that economic development has long been an accepted function of government.

Question 11

The Kelo v. New London decision allowed states to freely develop legislative responses to the decision

Question 12

A majority of zoning cases are dealt with at the Supreme Court level

Question 13

If an ordinance is vaguely written, it could be challenged under which constitutional basis?

A) Substantive due process.
B) The Public Use Doctrine.
C) Procedural due process.
D) Equal protection of the laws.

Question 14

What is the inherent power of a sovereign government to legislate for the health, welfare, and safety of a community?

A) Zoning
B) Bill of Rights
C) Police Power
D) Separation of Powers

Question 15

Zoning is a tool used only at which level

A) Federal
B) Regional
C) State
D) Local

Question 16

Which amendment is at the heart of zoning issue

A) 1st Amendment
B) 5th Amendment
C) 14th Amendment
D) All of the above

Question 17

Which court case determined enterprise as a public use while also allowing public welfare to encompass aesthetic matters

A) Euclid V. Ambler
B) Berman v. Parker
C) Poletown Neighbhorhood Council v. Deroit
D) Kelo v. New London

Question 18

The main issue featured in Kelo v. New London was

A) Public Welfare
B) 14th Amendmen
C) Urban Design
D) Eminent Domain

Question 19

At the Supreme Court level, no definition exists for

A) "taking"
B) "public use"
C) "just compensation"
D) All of the above

Question 20

Local governments carry out their zoning and planning powers within the framework of powers conferred on them by

A) The federal government
B) Regional planning groups
C) Individual states
D) All of the above

Question 21

The principle of due process mandates

A) Bias
B) Impartiality
C) Favors
D) Policy