Ch. 6 Government Land Ownership and Use Control

Question 1

In Arizona approximately what percent of land is privately owned?

a. 60 Percent
b. 30 Percent
c. 20 Percent
d. 40 Percent

Answer 1

c. 20 Percent

Correct! According to the State land department, as of 2014, approximately 20 percent of land in Arizona was privately owned.

Question 2

Public ownership of land in Arizona includes all of the following EXCEPT:

a. U.S. Forests
b. U. S. Bureau of Land Management
c. Regional Shopping Centers
d. State of Arizona Land Trust

Answer 2

c. Regional Shopping Centers

Correct! All regional shopping Centers in Arizona, at this time, are private property.

Question 3

The State Land Department:

a. Establishes community planning requirements for Arizona municipalities and counties.
b. Adopts laws that limit private property land use through planning requirements
c. Conducts inspections on buildings under construction.
d. Manages the Land Trust and tries to maximize its revenues for the beneficiaries

Answer 3

d. Manages the Land Trust and tries to maximize its revenues for the beneficiaries

Correct! In 1915, the State Land Code established the State Land Department and the system for managing trust lands. Its dual missions have been to manage the land trust and to maximize its revenues for the beneficiaries.

Question 4

The 1863 act of Congress establishing the territory of Arizona and the State Enabling Act of 1910 established that title to four school sections in each township automatically passed to the state of Arizona. The four school sections were:

a. Sections 2, 22, 32 and 36
b. Sections 2, 16, 28 and 36
c. Sections 2, 16, 22 and 26
d. Sections 2, 16, 32 and 36

Answer 4

d. Sections 2, 16, 32 and 36

Correct! Arizona acquired lands in four types of transactions. One type was “School sections in Place”. As land surveys were completed by the federal government, title to four school sections in each township (Sections 2, 16, 32 and 36) automatically passed to Arizona.

Question 5

The Urban Lands Act, passed in 1981, enabled the State Land Trust to:

a. Build schools on the urban trust lands
b. Capitalize on the significant increase in raw land values
c. Subdivide the urban trust lands
d. Transfer trust lands to private entities with no benefit to the trust beneficiaries.

Answer 5

b. Capitalize on the significant increase in raw land values

Correct! The Urban Lands Act enabled the trust to capitalize on the significant increase in raw land values that result from planning and zoning. Today, the Land Department’s urban lands lease and sale program is the largest revenue producer for the trust.

Question 6

Which remedy would be most effective for a property owner whose request for rezoning has not been recommended by the City’s Planning Commission?

a. Ask the court for a writ requiring the planning commission’s approval of the request
b. Sue the planning commission for damages
c. Make a presentation to the city council in spite of the planning commission action.
d. Disregard the planning commission’s recommendation because they acted arbitrarily

Answer 6

c. Make a presentation to the city council in spite of the planning commission action.

Correct! The planning commission only makes a recommendation to the city council; therefore the property owner can still obtain approval for the rezoning if the majority of the city council can be convinced of the merits of the change.

Question 7

Police power is the government’s right to:

a. Take private land for public use
b. Condemn property for the good of the public
c. Tax property for cost of government services.
d. Enact laws for the common good

Answer 7

d. Enact laws for the common good

Correct! Police power is the government’s right to enact laws for the common good. It is one of the four rights reserved for the government. Remember PETE for Police power, Eminent domain, Taxation and Escheat.

Question 8

Which of the following is NOT done under police power?
Select one:
a. Control land use
b. Condemn as unfit for occupancy
c. Control rents
d. Collect taxes

Answer 8

d. Collect taxes

Correct! Collecting taxes is done under the government right of taxation not police power.

Question 9

The information included in an Environmental Impact Statement (EIS) usually includes all of the following, EXCEPT:

a. Population
b. Topographical survey
c. Traffic congestion
d. Public school enrollments

Answer 9

b. Topographical survey

Correct! A topographical survey or map is generally not part of an Environmental Impact Statement.

Question 10

Arizona municipalities and counties are required to establish a General Plan. The General Plan is effective for up to:

a. Seven years from initial adoption
b. Ten years from initial adoption.
c. Five years from initial adoption
d. Three years from initial adoption

Answer 10

b. Ten years from initial adoption.

Correct! : A General Plan is effective for up to 10 years from initial adoption or until a new plan is adopted. Before the plan’s tenth anniversary, the plan must be readopted or a new plan must be approved.

Question 11

A city can originate zoning and building codes to control the use of the land for the welfare of the greatest number of people through the:

a. Principle of highest and best use
b. Right of police power
c. Right of situs
d. Right of escheat

Answer 11

b. Right of police power

Correct! Police power provides for planning, zoning, subdivision regulations, building codes and environmental protection. The main purpose of police power is to protect the public health, safety and welfare of the community.

Question 12

A planning commission is generally concerned with all of the following EXCEPT:

a. Streets
b. Construction methods
c. Land use
d. Parks

Answer 12

b. Construction methods

Correct! The planning commission makes plans for the future development of a community. The building department is concerned with construction methods and compliance with the building code.

Question 13

Which of the following is an example of down zoning?

a. Zoning from multiple family to single family use
b. Zoning from single family to multiple family use
c. Height limitation
d. Zoning designed to encourage redevelopment

Answer 13

a. Zoning from multiple family to single family use

Correct! Down zoning occurs when a property zoned for higher-density uses is rezoned for lower-density uses.

Question 14

Treatment of nonconforming uses under new zoning does not include:

a. A prohibition on rebuilding
b. Immediate closure
c. A prohibition on expansion
d. A limitation on remodeling

Answer 14

b. Immediate closure

Correct! Contravention means not in compliance with the rule or law. A nonconforming use is a building or land use, which does not conform to the zoning ordinance. A nonconforming use is generally referred to as a “grandfather clause” when the building or land use was in existence prior to the adoption of the zoning ordinance.

Question 15

Before a person can move into a newly completed building

a. An occupancy certificate must be obtained
b. The builder must supply lien waivers
c. The lender must approve the construction
d. All work must be completed

Answer 15

a. An occupancy certificate must be obtained

Correct! When a building is completed, a Certificate of Occupancy is issued before the building can be occupied.

Question 16

The use of property that continues in contravention of new zoning is:

a. A nonconforming use
b. A variance
c. Illegal
d. Incentive zonin

Answer 16

a. A nonconforming use

Correct! Contravention means not in compliance with the rule or law. A nonconforming use is a building or land use, which does not conform to the zoning ordinance. A nonconforming use is generally referred to as a “grandfather clause” when the building or land use was in existence prior to the adoption of the zoning ordinance.

Question 17

Buildings that were erected before the enactment of a zoning ordinance and do not comply with the zoning limitations are called:

a. Non-conforming uses
b. Outlawed classifications
c. Dilapidated structures
d. Depreciated improvement

Answer 17

a. Non-conforming uses

Correct! : A non-conforming use is a building or land use, which does not conform to the zoning ordinance.

Question 18

Public land-use controls exist in the form of:

a. Restrictive covenants
b. Assessments
c. Deed restrictions
d. Zoning laws

Answer 18

d. Zoning laws

Correct! Zoning laws are a form of public land-use controls. Restrictive covenants and deed restrictions are private land use controls. Assessments are a form of taxation.

Question 19

A man wants to build a garage next to his home, but the zoning side setback requirements do not allow for the construction. He should obtain a:

a. Change in zoning
b. Server permit
c. Zoning variance
d. Partition action

Answer 19

c. Zoning variance

Correct! A zoning variance represents a minor change in zoning for one specific property.

Question 20

A line fixed by law in from of which nothing can be built is referred to as:

a. 25 feet
b. 10 feet
c. A setback line
d. A lot line

Answer 20

c. A setback line

Correct! A setback line is defined as zoning restrictions on the amount of land required surrounding improvements; the amount of space required between the lot line and the building line.