Chapter 3 Quiz Flashcards
Deed restrictions can be created by all of the following EXCEPT by a:
deed.
statute.
written agreement.
general plan of a subdivision.
general plan of a subdivision.
Restrictive covenants that run with the land:
are no longer effective when the title is transferred.
apply only until the developer has conveyed the title.
can be removed by a court of competent jurisdiction.
apply to and bind all successive owners of the property.
apply to and bind all successive owners of the property.
The primary intent of zoning ordinances is to:
ensure the health, safety, and welfare of the community.
demonstrate the police power of the state.
limit the amount and types of businesses in a given area.
protect residential neighborhoods from commercial encroachment.
limit the amount and types of businesses in a given area.
The condemnation of private property for public use is made possible by the right of:
police power.
escheat.
eminent domain.
confiscation.
eminent domain.
For the past 30 years, the Lews have operated a neighborhood grocery store. Last week the city council passed a zoning ordinance that prohibits packaged food sales in the area where the Lew’s grocery store is located. The store is now an example of a(n):
illegal enterprise.
nonconforming use.
violation of the zoning laws.
variance of the zoning laws.
nonconforming use.
Deed restrictions could legally restrict all of the following EXCEPT the:
sizes and types of structures to be built.
potential future uses of the properties.
future owners and occupants of the properties.
exterior finish and decoration of the structures.
future owners and occupants of the properties.
- Which of the following best describes the purpose of a building permit?
The method for overriding or substantiating deed restrictions
The municipal control over the volume of construction
The evidence of compliance with municipal regulations
The method of regulating the area and size of buildings
The evidence of compliance with municipal regulations
A residential developer’s deed restrictions would probably include all of the following EXCEPT:
easements in gross for the installation of public utilities.
an agreement not to sell without the consent of the neighbors.
the minimum square-footage for any home to be built in the subdivision.
a reference to the use of community facilities by residents only.
an agreement not to sell without the consent of the neighbors.
A development company owned property that the city wanted so that it could extend the runways at the municipal airport. If the company refuses to negotiate with the city, then the city may acquire the property by:
escheat.
accretion.
confiscation.
eminent domain.
eminent domain.
A tire company has a manufacturing plant located in an area that has just been rezoned for residential use. The company is allowed to continue operating the plant under the new zoning classification. However, if the plant is destroyed by fire or other hazard, the tire company:
may not construct another plant in the neighborhood without first applying for a zoning variance.
may not construct another plant in the neighborhood unless they secure a variance.
may construct another plant if it obtains the consent of the residents then living in the neighborhood.
may construct another plant without the residents’ consent as long as the homeowners’ association approves it.
may not construct another plant in the neighborhood unless they secure a variance.
If the buyer of a vacant lot builds a house that violates the restrictions in his or her deed, the buyer may:
forfeit the title to the property.
be sued and required to alter the structure to conform with the restrictions.
be sued and required to pay damages to the other residents in the neighborhood.
do so without any fear of reprisal by the residents in the area.
be sued and required to alter the structure to conform with the restrictions.
All of the following are examples of police power EXCEPT:
zoning ordinances.
building codes.
restrictive covenants.
city planning requirements.
restrictive covenants.
Before the government can exercise its right of eminent domain, the use of the property must be:
a public use for which the property owner will be fairly compensated.
established for the health, safety, and welfare of the government.
a local use that will benefit the residents in the immediate area.
established as a fee simple determinable estate for a particular use
a public use for which the property owner will be fairly compensated.
Legislation designed to convert residential zoning into conservation or recreational purposes:
is usually supported by all of the residents of a given area so that the majority rules.
may be found by the courts to be a “taking” with the payment of just compensation to the property owner.
generally is supported by special interest groups whose power might be greater than that of the courts.
may be found to be an excessive use of police power by the courts and therefore ruled as unconstitutional.
may be found by the courts to be a “taking” with the payment of just compensation to the property owner.
In a widely publicized dispute, Hank refused to sell his land to the local school district. He believed that the price the school district offered him for the land was not sufficient consideration. If the school district were to pursue the matter in court, what legal proceeding would it institute to force Hank to sell his land to them?
Escheat
Foreclosure
Probate
Condemnation
Condemnation
