SU # 05__Land Use & Environmental Controls Flashcards

1
Q

A central goal of public land use planning is to

a. balance individual property rights with the community’s welfare.
b. develop an accord between property owners and tenants.
c. impede development by for-profit developers and construction contractors.
d. subordinate private interests to the public good

A

a. balance individual property rights with the community’s welfare.

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2
Q

The best definition of a master plan is

a. an annual review of all land use permits and zones.
b. a comprehensive analysis of existing land use patterns in a market.
c. a state or regional land use law requiring compliance on a county-by-county basis.
d. a fusion of land use laws and local land use objectives and strategies.

A

d. a fusion of land use laws and local land use objectives and strategies.

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3
Q

The principal mechanism for implementing a master plan is

a. zoning.
b. referendum.
c. public elections.
d. property management.

A

a. zoning.

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4
Q

Zoning, building codes, and environmental restrictions are forms of local land use control known as

a. force majeure.
b. pre-emption.
c. police power.
d. concurrency.

A

c. police power.

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5
Q

If a municipality exerts its power of eminent domain against a certain property owner, what happens?

a. The owner must pay higher property taxes or give up the property.
b. The owner must cede an easement without receiving any compensation.
c. The municipality annexes the property.
d. The owner must sell the property or grant an easement to the municipality for just compensation.

A

d. The owner must sell the property or grant an easement to the municipality for just compensation.

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6
Q

In most jurisdictions, the master plan is managed by

a. the mayor or county superintendent.
b. the Board of Equalization.
c. the planning commission.
d. the zoning board of adjustment

A

c. the planning commission.

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7
Q

Counties and municipalities have the legal right to control land use due to

a. the doctrine of appropriation.
b. delegation of authority by state-level enabling acts.
c. custom and tradition.
d. consensus of the local community through referendum.

A

b. delegation of authority by state-level enabling acts.

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8
Q

To be valid, a local zoning ordinance must

a. reasonably promote community health, safety and welfare.
b. comply with federal zoning laws.
c. apply only to unique properties.
d. be published periodically in the local newspaper.

A

a. reasonably promote community health, safety and welfare.

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9
Q

What is the fundamental purpose of a building permit?

a. To restrict the number of new development projects
b. To establish the basis for an inspection
c. To promote certificates of occupancy
d. To ensure that improvements comply with codes

A

d. To ensure that improvements comply with codes

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10
Q

A primary objective of residential zoning is to

a. control the value ranges of homes in a neighborhood.
b. regulate density.
c. ensure that only a limited amount of commercial and industrial activity is permitted in a particular residential zone.
d. maximize intensity of usage.

A

b. regulate density.

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11
Q

A non-profit organization wants to erect a much-needed daycare center in a residential zone. Given other favorable circumstances, the local authorities grant permission by allowing

a. a special exception.
b. an illegal nonconforming use.
c. a variance.
d. a license

A

a. a special exception.

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12
Q

A property that conformed with zoning ordinances when it was developed but does not conform to new ordinances is said to be

a. a special exception.
b. a variance.
c. a legal nonconforming use.
d. an anomaly.

A

c. a legal nonconforming use.

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13
Q

One situation in which a zoning board might permit a variance is when

a. it would cause the property owner unreasonable hardship to bring the property into compliance with zoning ordinances.
b. the property owner is the one who brings the variance to the attention of the zoning board.
c. the variance was caused by a contractor rather than by the property owner.
d. the property is in conflict with no more than one zoning ordinance.

A

a. it would cause the property owner unreasonable hardship to bring the property into compliance with zoning ordinances.

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14
Q

The approval process for development of multiple properties in an area includes submission of

a. a covenant of restriction.
b. a plat of subdivision.
c. a court order.
d. a developer’s pro forma.

A

b. a plat of subdivision.

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15
Q

A county or municipal authority usually grants a certificate of occupancy for new construction only after

a. all contractors have been paid for services.
b. all work has been completed for at least thirty days.
c. the construction complies with building codes.
d. the tax assessor has valued the improvement.

A

c. the construction complies with building codes.

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16
Q

In addition to government entities, organizations that may be able to condemn property under the power of eminent domain include

a. public utilities.
b. financial institutions.
c. major employers.
d. neighborhood associations

A

a. public utilities.

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17
Q

A property owner is precluded by deed restriction from developing a thirty foot boat dock. The limitation prompts the owner to sell to another party. The new owner

a. is free to build the dock since the next door neighbor built a similar dock two weeks later.
b. takes title subject to the same restriction.
c. can build the dock with special permission from the zoning board.
d. may build, since the restriction is extinguished by the sale.

A

b. takes title subject to the same restriction.

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18
Q

A declaration of restriction in a planned unit development is unlike a deed restriction in that

a. it applies only to aesthetic standards of property use.
b. it attaches to rights rather than interests.
c. it cannot be terminated by a single individual.
d. it takes effect only when approved by a homeowners’ association

A

c. it cannot be terminated by a single individual.

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19
Q

A deed restriction or declaration of restriction may be enforced by means of a

a. sheriff’s warrant.
b. zoning commission order.
c. foreclosure action.
d. court injunction.

A

d. court injunction.

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20
Q

A distinguishing feature of a deed condition is that

a. it gives the grantor the right to re-possess the property if the grantee violates the condition.
b. it ceases to apply if a violation is allowed to continue for a certain period of time.
c. it can be filed at any time after title has been transferred.
d. it restricts who may own the property.

A

a. it gives the grantor the right to re-possess the property if the grantee violates the condition.

21
Q

What is the principal purpose underlying legal descriptions of real property?

a. To create a consistent, unchanging standard for locating the property.
b. To eliminate all possible boundary disputes.
c. To comply with federal laws.
d. To eliminate cumbersome metes and bounds descriptions.

A

a. To create a consistent, unchanging standard for locating the property.

22
Q

Which of the following is a distinctive feature of metes and bounds descriptions?

a. They use meridians and base lines.
b. They identify an enclosed area, beginning and ending at the same point.
c. They use lot and block numbers as the street address.
d. They incorporate elevation into the descriptions

A

b. They identify an enclosed area, beginning and ending at the same point.

23
Q

A certain legal description contains the phrase “…southeasterly along Happ Road to the stone landmark…” What kind of description is this?

a. Plat survey plat of survey is
b. Government grid
c. Metes and bounds
d. Rectangular survey

A

c. Metes and bounds

24
Q

The abbreviation POB stands for

a. perimeter of boundaries.
b. point of beginning.
c. point of bounds.
d. plat of boundary.

A

b. point of beginning.

25
Q

What are the approximate dimensions of a township in the rectangular survey system?

a. Thirty-six miles on a side
b. Twenty-five square miles.
c. Depends on the state.
d. Six miles by six miles

A

d. Six miles by six miles

26
Q

The area running north & south between meridians is a

a. range.
b. township.
c. strip.
d. tier.

A

a. range.

27
Q

The area running east and west between base lines is a

a. range.
b. tier.
c. parameter.
d. parallel.

A

b. tier.

28
Q

How many sections are there in a township?

a. One
b. Six
c. Twelve
d. Thirty-six

A

d. Thirty-six

29
Q

A section contains how many acres?

a. 640
b. 320
c. 160
d. 40

A

a. 640

30
Q

How many acres are there in the S 1/2 of the NW ¼ of Section 3?

a. 20 acres
b. 40 acres
c. 80 acres
d. 160 acres

A

c. 80 acres

31
Q

If a parcel does not have a lot and block number and is too irregular to be described as a fraction of a section, the legal description

a. is the street address.
b. will include a metes and bounds description.
c. will use an estimate of the sectional fraction.
d. will create a special reference number.

A

b. will include a metes and bounds description.

32
Q

The legal description of a parcel in a subdivision that has been recorded with lot and block numbers on a plat of survey is

a. the lot and block number, with section, township and meridian references.
b. the standard rectangular survey description.
c. the subdivision plat map.
d. the lot and block number

A

a. the lot and block number, with section, township and meridian references.

33
Q

A datum is a reference point used for legal descriptions of:

a. agricultural and ranch properties.
b. properties that straddle state boundaries.
c. properties located above or below the earth’s surface.
d. irregularly-shaped properties.

A

c. properties located above or below the earth’s surface.

34
Q

A buyer may terminate a purchase contract without liability within ____ business days if a disclosure report indicating a material defect is received after a binding real estate contract has been entered into by all parties:

one

two

three

five

A

three

35
Q

With regard to environmental issues, which of the following is TRUE?

Licensees must demonstrate expert knowledge of a property’s physical conditions.

Licensees must disclose potential hazards if known.

Licensees have no liability for environmental violations.

Licensees are under no obligation to be aware of environmental issues.

A

Licensees must disclose potential hazards if known.

36
Q

The authority that allows governments to control land use is called

eminent domain.

due process.

police power.

annexation.

A

police power.

37
Q

If a property owner demonstrates a need, a zoning board may grant a

variance.

conditional use permit

nonconforming use.

grandfathered use.

A

variance.

38
Q

Unlike a deed restriction, a declaration restriction

does not attach to the property.

cannot be extinguished by a quitclaim deed.

cannot be enforced by court injunction.

is a public, rather than private, land use control.

A

cannot be extinguished by a quitclaim deed.

39
Q

Which of the following is NOT a regulated environmental condition?

Electromagnetic fields

Cell phone radiation

Airport traffic noise

Construction in earthquake zones

A

Cell phone radiation

40
Q

Licensees are required to disclose to a buyer that

a previous occupant suffered from AIDS.

the seller is a sexual predator.

a murder was committed in a neighboring house.

the licensee knows of a latent structural defect.

A

the licensee knows of a latent structural defect.

41
Q

Counties and municipalities have the legal right to control land use due to

the doctrine of appropriation.

delegation of authority by state-level enabling acts.

consensus of the local community through referendum.

custom and tradition.

A

delegation of authority by state-level enabling acts.

42
Q

The Illinois Residential Real Property Disclosure Act requires a seller to give a buyer a written property condition disclosure

before the buyer signs an offer to purchase.

at the time the buyer first views the property.

before accepting the buyer’s offer to purchase.

at any time before closing.

A

before the buyer signs an offer to purchase.

43
Q

Which environmental legislation created the requirement for environmental impact surveys on large development projects?

The National Environmental Policy Act

The Clean Air Amendment

The Clean Water Act

The Superfund Act

A

The National Environmental Policy Act

44
Q

A property is exempt from lead disclosure requirements if:

it has been certified by an inspector.

it is a rental property.

it has no separate bedrooms.

it is occupied by fewer than five people.

A

it has no separate bedrooms.

45
Q

Which of the following can terminate a private deed restriction?

A quitclaim deed

A quiet title suit

A title transfer

A reconveyance deed

A

A quitclaim deed

46
Q

Who is responsible for insuring that a buyer receives the Protect Your Family From Lead pamphlet?

HUD

Agents for buyers and sellers

The buyer

The seller

A

Agents for buyers and sellers

47
Q

Which of the following statements about federal and state environmental laws is TRUE?

Private property owners have no responsibility for compliance with them.

They only apply to publicly owned property.

Regional land use plans may treat them as optional.

They must be incorporated into local land use plans.

A

They must be incorporated into local land use plans.

48
Q

Dioxins, mercury, and Methyl Tertiary Butyl Ether (MTBE) are examples of:

benign chemicals.

air pollutants.

soil and water pollutants.

naturally occurring substances.

A

soil and water pollutants.