Chapter 4

Question 1

Police powers

Answer 1

States have the power to preserve and protect the safety, health, and welfare of the community

Question 2

10th Amendment/Reservations Clause

Answer 2

All powers not delegated to the Fed Govt by the Constitution are reserved to the States and the people

Question 3

What are the three reasons government regulation is necessary?

Answer 3

1. Incomplete information
2. Spillover effects and uncertainty of surrounding uses
3. Uniqueness of location (monopoly)

Question 4

Gov. regulation seeks to eliminate risk of incomplete information. What does this mean?

Answer 4

Unknown/uncertain quality and safety of existing structures (e.g., building standards…need for building codes controlling design/construction)

Question 5

What were the first building regulations?

Answer 5

1. Fire: Materials, electrical and gas systems, egress (exits)
2. Structural safety: Strength/stability
3. Sanitation: Water, sewer, heating and air quality

Question 6

What do building regulations…regulate?

Answer 6

Regulate the design of structures for safety

Question 7

Zoning

Answer 7

The process of separating land by land use and density to maximize compatibility and minimize negative spillover.

Question 8

Spillover effects

Answer 8

Externalities. Ex. spillover effects from traffic, noise, light, etc., severely impact neighbors. Zoning also controls use of a property to eliminate risk.

Question 9

Use by special review (“USR”)

Answer 9

Uses with unique impacts on surrounding properties require case-by-case approval. A ZONING issue

Question 10

Planned Unit Development (“PUD”)

Answer 10

Mixed zoning due to multi-use

Question 11

What is the legal procedure called for exercising a taking?

Answer 11

Condemnation! Exercised through eminent domain.

Question 12

What is the difference between public use and public purpose?

Answer 12

Public use is taking for purely economic development. Actual public use is “public purpose”

Question 13

What occurs during Phase I EA of hazmat testing?

Answer 13

Search historical site inspection and property records. If hazmat’s are thought to be on the property, move to Phase II EA.

Note: For industrial properties, we SKIP Phase I EA because we KNOW hazmats could be on property.

Question 14

Phase II EA

Answer 14

Invasive tests (air, water, soil) to investigate indications from Phase I.

Question 15

Phase III EA

Answer 15

• Complete assessment of full extent of the problem
• Determination of remediation needs
• Estimation of remediation costs`

Question 16

What properties are exempt from property taxes?

Answer 16

1. Religious organizations
2. Gov’t property
3. Nonprofit organizations
4. Homestead (house in the middle of nowhere)
5. Seniors

Question 17

Property taxes are paid in arrears. What does that mean?

Answer 17

This year’s taxes are paid next year.

Question 18

How is a property tax enforced?

Answer 18

Placed as a lien against the property, not a personal obligation.