Control of Land Use

Question 1

Define “as-of-right zoning”

Answer 1

This term refers to those uses that are automatically allowed by the zoning code.

Question 2

A contractor owns a lot in a residential area. He built a single-family home without having to get special permission. Why was he able to do this?

Answer 2

An ‘as-of-right’ use of that lot

Question 3

Here are the core purposes of a certain type of control: preservation of property values, control of growth to remain within infrastructure capabilities, and promotion of the highest and best use of the property. What type of control is this?

Answer 3

Control of land use

Question 4

If a property owner dies with no heirs and no one qualifies to receive the property, what happens to the property owner’s real property?

Answer 4

The state will use the power of escheat to claim the property

Question 5

What clause states that private property cannot be taken for public use without just compensation?

Answer 5

The taking clause

Question 6

A public entity must justify its use of eminent domain in court by demonstrating the validity of what?

Answer 6

Intended public use and the resulting “public good” or “public purpose” that will be served

Question 7

What makes it possible for there to be a free exchange of development rights without having to buy or sell land?

Answer 7

Transfer of Development Rights

Question 8

What is a type of zoning in which density is determined for an entire area, rather than on a lot-by-lot basis?

Answer 8

Cluster zoning

Question 9

What does the term “Sunshine Law” mean?

Answer 9

It means that governmental meetings must be known/open to the public

Question 10

A planned unit development (PUD) is a housing concept that produces what?

Answer 10

• Maximum use of open spaces
• Greater development flexibility
• High density of residential housing units

Question 11

Nonconforming use is different than what?

Answer 11

Current zoning

Question 12

What’s the purpose of the Interstate Land Sales Full Disclosure Act?

Answer 12

To prevent fraud in marketing land that can be sold sight unseen

Question 13

A developer wants to sell lots in several states through interstate commerce. An act demands that the developer must furnish each purchaser with a copy of an effective Property Report before the purchaser signs a purchase or lease contract. What is this act called?

Answer 13

Interstate Land Sales Full Disclosure Act

Question 14

Bill bought a property for investment. During the inspection process, the heating equipment proved to be faulty. In this situation, Bill should have been very concerned about what?

Answer 14

Carbon monoxide

Question 15

What does the TREC promulgated contract addendum for environmental inspections allow a buyer to do?

Answer 15

To obtain an environmental inspection of the property and to terminate a contract if there has been a discovery indicating an environmental hazard that would affect the use of the property.

Question 16

What are CCRs ?
(What does the abbr. stand for)

Answer 16

Covenants, Conditions, and Restrictions

Question 17

What is ‘Public Ownership’ ?

Answer 17

It is government ownership of lands, streets, public buildings, utilities, and other business enterprises.

*Theory holds that all land/ resources belong to the people and therefore to the government.

Question 18

Covenant

Answer 18

A guarantee included in a deed to benefit a property that’s sold
-or-
to benefit a property that’s kept when an adjoining property is sold.

Question 19

Conditions

Answer 19

Deed restrictions that provide for a reversion of title if they’re violated.

Question 20

Restrictive covenants

Answer 20

Limitations placed on the use of land by the developer of a residential subdivision.

Question 21

Injunction

Answer 21

A court action preventing an owner from using their property in a way that violates the recorded restrictions

Question 22

Doctrine of Laches
(regards to property rights)

Answer 22

States that if a property owner is lax (not strict) in protecting their rights, the property owner may lose those rights.

Question 23

Testate vs Intestate

Answer 23

Testate is when a property owner dies with a valid will in place.

Intestate is when a property owner dies without a valid will.

Question 24

Escheat

Answer 24

Gives government right of ownership over property when a property owner dies without a will or descendants.

Question 25

Eminent domain

Answer 25

The right of government to acquire property, for a public purpose, after paying ‘just compensation’.

Question 26

Condemnation Suit

Answer 26

What a public entity must initiate to acquire a property by eminent domain.

Question 27

‘Taking Clause’ in regards to Eminent Domain:

Answer 27

A clause in the Fifth Amendment which says that private property cannot be taken for public use without ‘just compensation’.

Question 28

Zoning ordinance

Answer 28

A regulation (enacted by the local government) to specify land usage for every parcel within the jurisdiction.

Question 29

Incentive zoning

Answer 29

Allows developers to provide specific amenities and benefits in exchange for zoning incentives.

Question 30

Cluster zoning

Answer 30

Zoning in which density is determined for an entire area, rather than on a lot-by-lot basis.

Question 31

Sunshine law

Answer 31

Law that mandates that meetings of governmental agencies and departments be open to the public.

Question 32

Transfer of development rights (TDR)

Answer 32

Protecting land by transferring the “right to develop” from one area to another.

Question 33

Down Zoning

Answer 33

Changing allowed density to higher number of units per acre.

Question 34

Moratorium

(in regards to property development)

Answer 34

A temporary halt/suspension in the development of a property.

Question 35

Spot zoning

Answer 35

Singling out a small area of land or section in an existing neighborhood and placing in a different zone from that of neighboring property.

Question 36

Survey

Answer 36

Official document giving the dimensions and showing the property boundaries.

Question 37

Topography

Answer 37

Physical features and contours of land.

Question 38

Nonconforming Use

Answer 38

Use of a property that clearly differs from current zoning.

Question 39

Legal nonconforming use

Answer 39

When an existing property use is in violation of a new ordinance.

Question 40

Illegal nonconforming use

Answer 40

When a property use conflicts with existing ordinances.

Question 41

Special use permit

Answer 41

Authorization for use that is inconsistent with the zoning ordinance but is beneficial/essential to the public and does not materially impair other uses in the zone.

Question 42

Zoning variance

Answer 42

Allowing a property use that differs from the applicable ordinance for a variety of justifiable reasons.

Question 43

Use variance

Answer 43

Permission to use the land for a purpose not allowed by the current zoning.

Question 44

Area variance

Answer 44

Permission to vary one or more of the dimensional/physical requirements of the applicable zoning law, code, or ordinance in connection with some proposed construction.