Deck 13: Legal Planning and Regulation of Land Use

Question 1

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

Answer 1

False

Question 2

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.

Answer 2

C

Question 3

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.

Answer 3

B

Question 4

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

Question 5

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 6

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

Question 7

A nonconforming use is different from a variance.

Question 8

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

Question 9

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 10

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

Question 11

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 12

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

Question 13

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

Question 14

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

Question 15

Under Kelo v.City of New London, the U.S.Supreme Court ruled that:
(a)state and local governments could condemn and force the sale of private property to benefit other private property owners.
(b)the state and local governments cannot create greater property rights under eminent domain than it is under the U.S.Constitution.
(c)the Penn Central ad hoc test is to be applied to determine whether a condemnation is legal
(d)eminent domain laws can no longer be used to seize land for a public use.

Question 16

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

Question 17

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

Question 18

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 19

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

Question 20

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.

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 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.