Chapter 17 Flashcards
Restrictive convenient are …
Negative easements
How are covenants enforced ?
By injunction
What do we call programs that encourage a shift in development away from environmental sensitive areas to more appropriate areas ?
Transfer of development rights
What is the principal mechanism for implementing a master plan ?
Zoning
Courts in the U.S. began enforcing restrictive covenants for land use in residential subdivisions in what year ?
1848
Zoning ordinance are enacted by the ….
Local Government
Common zoning classifications do NOT include which of the following ?
Wetlands
Common zoning classifications include residential , commercial , industrial , vacant , agricultural , public open spaces , parklands , recreational , and institutional.
The approval process for development of multiple properties in an area includes submission of which of these ?
A plate of subdivision.
What law required meetings of the governmental agencies and departments to be open to the public ?
The sunshine laws
Which of the following is not a common type or zone classification ?
Military
Actions listed in the SEQR regulations that have already been determined to not have an adverse impact on the environment are called ?
Type 11 actions
The property owner of subdivision can enforce the covenant by taking a court action know as a/n
Injunction
The interstate land sales full disclosure act is administered by ….
HUD
Housing of Urban Devleopment.
If a condition is violated ….
The land ownerships reverts to the previous owner or grantor
Which of the following is not included in the subdivision regulations ?
Property tax …
Property tax are subject to change ; therefore they are not included in the subdivision regulations.
In addition to government entities , which of these organizations may be able to condemn property under the power of eminent by domain ?
Public utilities
A non-profit organization wants to erect a much needed daycare center in a residential zone. Given other favorable circumstances , the local authorizations grant permission by allowing what ?
A special exception
Which of the following has a stake in a privately owned property?
The government , the lander and the surrounding neighbors.
What is not a core purpose underlying the control of land use ?
To slow economic growth of the country.
What can Sarah’s neighbor do if she violates restrictive covenants and installs a swimming pool on her property?
File for an injunction
Because it is the responsibility of other homeowners to make sure Sarah is complying with any restrictions , Sarah’s neighbors can enforce the convenient by filling for an injunction that could rice Sarah to have to pool removed
Restrictive covenants are
Negative easements
If an action is determined to have possible significant adverse environmental impacts , a/n ____ is required ….
Environmental impact statement
Who can enact zoning ordinances ?
City or country governments
The regulations that require a sub-digester to make a filing with NYS department or state before ordering to sell or lease subdivided vacant lands on an installment plan is …
New York State Article 9 - A
If Sarah’s neighbors see that she is having a swimming pool installed on her property when there is a restrictive covenant prohibiting pools and the neighbors do nothing until the installation is completed , what will most likely happen ?
The court may apply the doctrine or laches
The following Is NOT an example of the exercise or police power
Restrictive covenants
Zoning ordnance , building codes , subdivision regulations , eminent domain and environmental restrictions are ALL examples of police power.
When did the public land use controls become legally reliable ?
1926
Although U.S. courts enforced restrictive covenants to regulate land use as early as 1848 , it was not until 1926 that land use controls became legally reliable when the Supreme Court upheld the validity of zoning ordinance.
What is the best definition of a master plan ?
A fusion of land use laws and local land use objective and strategies
Where does the term “taking” comes from in the yards to eminent domain ?
The fifth amendment
The taking refers to the taking clause or the forth amendment which says , in part , that private property cannot be taken for public use without just compensation
New York’s ______ requires all state and local governments agencies to assess the environmental significance of all actions they have discretion to approve fund or directly undertake ….
State environmental quality review act.
