Government Control of Land Use Flashcards

1
Q

The owner of a house located next to the landing strip of a small public airport successfully sued the local governing body, which was required to purchase the property. This type of action is known as

(a) equitable severance.
(b) inverse condemnation.
(c) condemnation.
(d) eminent domain.

A

(b) inverse condemnation.

Inverse condemnation is an action brought by a person whose property has been effectively taken, substantially interfered with, or taken without just compensation.

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2
Q

T or F? Taking a property by condemnation does not require compensation to the property owner

A

False - it does require comp

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3
Q

The city’s master plan includes

(a) background information on the area economy.
(b) population growth.
(c) information on existing land uses.
(d) All of the above

A

(d) All of the above

The city’s master plan is a comprehensive plan to guide the long-term physical development of a particular area. It is both a statement of policy and a means to enact that policy.

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4
Q

When the local building authority permits an exception to applicable building codes, it is referred to as a(n)

(a) infraction.
(b) exemption.
(c) permit.
(d) variance.

A

(d) variance.

A variance is an exception to the zoning law.

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5
Q

The main purpose of California’s Community Redevelopment Agency (CRA) is

(a) to rehabilitate dilapidated low income apartments and sell them as condominiums.
(b) to rehabilitate existing structures for low and moderate-income housing.
(c) to lend money to low income buyers for the purchase of inner-city housing.
(d) to demolish older structures in favor of new planned developments.

A

(b) to rehabilitate existing structures for low and moderate-income housing.

The deteriorating condition of some urban neighborhoods has served as the impetus for local redevelopment efforts. California’s Community Redevelopment Law (found in the Health and Safety Code) allows the formation of a community redevelopment agency (CRA). CRAs work to rehabilitate existing structures or bring in new development both to provide low- and moderate-income housing and to employ low-income persons.

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6
Q

Which of the following must comply with the Subdivided Lands Law?

(a) Parcels of more than 160 acres
(b) Parcels of up to 160 acres
(c) Parcels of any size
(d) None of the above

A

(b) Parcels of up to 160 acres

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7
Q

Ownership interest in the airspace of a particular portion of real property, as well as an interest in common in the land and structure describes a

(a) stock cooperative.
(b) planned unit development.
(c) condominium project.
(d) time-share.

A

(c) condominium project.

The owner of a condominium has an exclusive ownership interest in the airspace of a particular portion of real property, as well as an interest in common in the land and structure.

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8
Q

Which of the following statements is TRUE regarding public reports?

(a) A public report may be renewed under certain circumstances.
(b) A copy of the public report must be given to prospective purchasers.
(c) No sales can be closed until the final public report is received.
(d) All of the above.

A

(d) All of the above.

All of the choices are true as to public reports. If all parcels have not been sold within five years of issuance of a final public report, it can be renewed for an additional five years.

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9
Q

The Subdivision Map Act is a(n)

(a) enabling act.
(b) restrictive act.
(c) informational act.
(d) police power act.

A

(a) enabling act.

The Subdivision Map Act is an enabling act. This means that it authorizes cities and counties to establish subdivision requirements by local ordinance.

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10
Q

What is a commercial acre?

(a) An acre minus space for streets and parking.
(b) An acre minus space for warehouse structures.
(c) An acre minus space for all housing accommodations.
(d) An acre minus space for schools and emergency services.

A

(a) An acre minus space for streets and parking.

A commercial acre is that portion of an acre of newly subdivided land remaining after dedication for streets, sidewalks, parks and so on.

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11
Q

If a subdivision project will have a significant effect on the environment, the government agency that approves the project may be required to prepare a(n)

(a) Alquist-Priolo report.
(b) Earthquake fault zone report.
(c) Coastal Zone Impact Report.
(d) Environmental Impact Report.

A

(d) Environmental Impact Report.
* CEQA requires an EIR or negative declaration (no impact to environment)

An Environmental Impact Report (EIR), authorized by the California Environmental Quality Act of 1970 (CEQA), may be required before subdivision approval if the project will have a significant effect on the environment.

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12
Q

The California Coastal Act defines coastal zones as

(a) the zone between 1,000 yards off-shore to 1,000 yards inland.
(b) the length of the state from the sea inland 1,000 yards or more.
(c) all beach and cliff zones in contact with the sea.
(d) all coastal zones consisting of buildable land.

A

(b) the length of the state from the sea inland 1,000 yards or more.

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13
Q

Housing discrimination on the basis of race is prohibited throughout the United States on the basis of the

(a) First Amendment of the Constitution.
(b) National Association of Fair Housing.
(c) 13th Amendment to the Constitution.
(d) Rumford Fair Housing Act.

A

(c) 13th Amendment to the Constitution.

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14
Q

The Unruh Civil Rights Act prohibits discrimination in

(a) accommodations and business establishments of every kind.
(b) public establishments only.
(c) commercial establishments only.
(d) for profit enterprises only.

A

(a) accommodations and business establishments of every kind.

The Unruh Civil Rights Act prohibits discrimination in accommodations and business establishments and now includes all of the protected classifications that appear in FEHA. Sections 54-55.1

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15
Q

The practice of rejecting real estate loan applications because of the location of the property involved is called

(a) blockbusting.
(b) mainlining.
(c) redlining.
(d) steering.

A

(c) redlining.

Redlining is the illegal practice by a lending institution of restricting the number of loans or the loan-to-value ratio in certain areas of a community, or refusing to make loans in those areas, based on the demographics of the area’s residents.

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16
Q

Land use controls that benefit the public health, safety, and general welfare are possible because of the government’s:

(a) restrictions.
(b) regulations.
(c) health and safety laws.
(d) police power.

A

(d) police power.

17
Q

The government’s police power can be used for all of the following purposes EXCEPT:

(a) public health.
(b) general welfare.
(c) safety.
(d) taxation.

A

(d) taxation.

18
Q

A long-range plan for local development is commonly known as:

(a) the general plan.
(b) zoning.
(c) CC&Rs.
(d) the design plan.

A

(a) the general plan.

19
Q

Minimum parcel size, building height limitations, and required setbacks are covered in a:

(a) general plan.
(b) specific plan.
(c) zoning ordinance.
(d) master plan.

A

(c) zoning ordinance.

20
Q

The Subdivided Lands Law can be found in the:
Quiz Question

(a) Penal Code.
(b) Civil Code.
(c) Health and Safety Code.
(d) Business and Professions Code.

A

(d) Business and Professions Code.

21
Q

The procedure for filing a subdivision plan when property is divided into two or more parcels is found in the:

(a) Subdivided Lands Law.
(b) Subdivision Map Act.
(c) zoning regulations.
(d) building codes.

A

(b) Subdivision Map Act.

22
Q

Federal fair housing protections do NOT include the category of:

(a) economic status.
(b) familial status.
(c) handicap.
(d) sex.

A

(a) economic status.

23
Q

The federal Fair Housing Act is enforced by:

(a) FHA.
(b) HUD’s Office of Equal Opportunity.
(c) state agencies.
(d) the Justice Department, through the Attorney General.

A

(b) HUD’s Office of Equal Opportunity.

24
Q

The federal Fair Housing Act provides for age-restricted housing when all residents of an adult community are at LEAST age:

(a) 50
(b) 55
(c) 62
(d) 65

A

(c) 62

25
Q

Rejecting real estate loans because of location is called:

(a) steering.
(b) redlining.
(c) blockbusting.
(d) distortion.

A

(b) redlining.