PRINCIPLES AND PRACTICES CHP 18 Flashcards
The state and local government’s authority to enact and enforce laws that protect the public’s health, safety, morals, and general welfare is known as
A. constitutional authorization.
B. general interest license.
C. police power.
D. safety mandate.
C. police power.
The concept of escheat means that property
A. can be appropriated by the state when there’s a public need.
B. can be confiscated for nonpayment of taxes.
C. must meet specific zoning requirements before it can be developed.
D. reverts to the state when a person dies without a will or heir.
D. reverts to the state when a person dies without a will or heir.
The government sends you a notice stating that the houses on your road will be demolished to build a new landfill. You are paid fairly for your home and move away. The act of taking your home is known as
A. adverse possession.
B. condemnation.
C. eminent domain.
D. encroachment.
B. condemnation.
The government sends Kara a notice stating that her house and neighborhood will be demolished to build a much-needed water treatment plant. What is the government required to offer Kara in exchange for condemning her property?
A. just compensation
B. nothing, since it is for the public good
C. whatever Kara asks for
D. whatever they decide is reasonable
A. just compensation
A small apartment building is located where the county intends to construct a new off-ramp from the freeway. Can the county terminate the leases of the building’s tenants?
A. No, this is a violation of the Fair Housing Act.
B. No, if the government forces a landlord to breach a
lease, it is violating landlord-tenant laws.
C. Yes, if notice is provided to the tenants and they receive relocation assistance.
D. Yes, if the tenants receive just compensation from the city.
C. Yes, if notice is provided to the tenants and they receive relocation assistance.
Joann recently bought a house in a new subdivision. Her mother-in-law will be moving in, so she intends to build a bedroom with bath on the back of her new house. Before work begins on this improvement, Joann must obtain a
A. building permit.
B. comprehensive plan.
C. conditional use permit.
D. variance.
A. building permit.
Arrow Manufacturing Company is seeking permission to build a new industrial manufacturing facility in Everytown. When evaluating potential sites, what would MOST LIKELY be the primary factor considered by the Everytown zoning board?
A. how far employees will have to commute
B. how many employees Arrow will hire
C. how much the facility will generate in taxes
D. what is the impact on noise, water, and air pollution
D. what is the impact on noise, water, and air pollution
Which statement best describes the difference between zoning ordinances and building codes?
A. Zoning ordinances affect improvements on the property; building codes control the use of real property.
B. Zoning ordinances control the use of real property: building codes affect improvements on the property.
C. Zoning ordinances are enforced by municipalities; building codes are enforced by the state.
D. Zoning ordinances are enforced by the state; building codes are enforced by municipalities.
B. Zoning ordinances control the use of real property: building codes affect improvements on the property.
Chris and Fred buy a house that is located within city limits. The property has a large backyard, so they decide to build a coop and keep chickens. Which of the following determines if they can do so?
A. the city’s master plan
B. the city’s zoning ordinances
C. their neighbors
D. the state
B. the city’s zoning ordinances
Of these, which is LEAST LIKELY to be considered a conditional use in an area zoned as residential?
A. fire station
B. group home
C. hospital
D. school
B. group home
A man who uses a wheelchair wants to install a ramp on the side of his house so he can easily get from his car into his kitchen. The ramp would be too close to the property line based on the current zoning ordinance. What must he obtain from the zoning board?
A. grandfather clause
B. nonconforming use
C. spot zoning
D. variance
D. variance
Frank owns a gas station on the edge of town. As the town grows, more homes are built, and the city rezones the area from commercial to residential. What would allow Frank to continue operating the gas station?
A. He must request a conditional use.
B. He must request a variance.
C. He now has a nonconforming use.
D. Nothing; he must sell the property to a residential buyer.
C. He now has a nonconforming use.
Tom buys a parcel of land and goes to the local zoning office before he builds his house to see what restrictions he might have to consider. Which is LEAST LIKELY to be addressed by a zoning ordinance?
A. the position of the building on the lot
B. the size of the structure
C. the type of electrical wiring used
D. whether or not Tom can operate a bar from the property
C. the type of electrical wiring used
A new housing development includes a deed restriction that forbids flagpoles over 10 feet tall. Several residents complain when one resident prepares to put up a 12-foot pole so he can fly the flag of his favorite football team on game day. If the residents want to enforce the CC&Rs, what can they do?
A. ask the local police department to issue a ticket
B. file for an injunction in the appropriate court
C. nothing, because of the doctrine of laches
D. request a cease and desist order from the zoning board
B. file for an injunction in the appropriate court
A farmer sells a 100-acre parcel to an investor and includes a deed restriction that the parcel cannot be subdivided into parcels smaller than one acre. Which statement about the deed restriction is TRUE?
A. It is invalid because it violates the rule against perpetuities.
B. It is invalid because one cannot put deed restrictions on agricultural land.
C. It is valid because it does not violate public policy.
D. It is valid only because it is agricultural land.
C. It is valid because it does not violate public policy.
