Land Use Controls and Regulations

Which regulations are designed to control density and over-crowding? Select one: A. Buffer zoning B. A master plan C. Spot zoning D. Bulk zoning Feedback

(public controls based in police power) Bulk zoning is used to control building density by imposing restrictions on setback lines, building height, and the percentage of open areas. The correct answer is: Bulk zoning

Which of the following does NOT reflect current real estate market conditions? Select one: A. Building permits B. Deed recordings C. Mortgage recordings D. Divorce filings

(commercial/income property) An increase or decrease in building permits, deed recordings, and mortgage recordings would indicate an increase or decrease in real estate sales. Divorce filings would have no effect on value. The correct answer is: Divorce filings

Desmond the Developer owns a 30-acre tract of land along a major river. He plans to build a river front community in this location. However, before applying for his building permit, Desmond realizes that the zoning has changed to prohibit residential development. Desmond will likely: Select one: A. Receive compensation if he sues on a theory of inverse condemnation B. Receive no compensation because the regulation is not pervasive C. Receive just compensation following condemnation D. Receive compensation only if the zoning change is for a public purpose Feedback

(government rights in land) Desmond's property is not being physically taken by the government. However, short of a physical taking, a property could be so overly regulated that its owner loses all economic value. Such circumstances could lead to an inverse condemnation. If the facts support an inverse condemnation, the owner could be compensated for the property because it has been over-regulated. However, inverse condemnation is a very high standard to meet. Based on the description, there is no indication that Desmond's property is useless (for example, there's no prohibition against a commercial development). The correct answer is: Receive no compensation because the regulation is not pervasive

Condemnation is the exercise of: Select one: A. Eviction B. Estoppel C. Eminent domain D. Escheat

(government rights in land) Eminent domain is the government's power to take private property when the landowner refuses to tender his deed to the state. Condemnation is the process by which eminent domain is exercised. The correct answer is: Eminent domain

What is NOT a government right in privately owned property? Select one: A. Escheat B. Taxation C. Encumbrance D. None of the above Feedback

(government rights in land) Escheat and taxation are government rights in privately owned real property. An encumbrance is any lien, easement, or restriction on the use of real property that may diminish its value. Although unpaid taxes result in a lien (which is an encumbrance), an encumbrance is not a state right in and of itself in private property. The correct answer is: Encumbrance

If an owner of real estate dies, leaves no will, and has no heirs, the property will revert to the government through a process known as: Select one: A. Eminent domain B. Reversion C. Escheat D. Inverse condemnation Feedback

(government rights in land) Escheat is one of the ownership rights held by the government (where ownerless property transfers to the state). Other rights of the government are taxation, eminent domain, and police powers. Eminent domain is the power to take private property for a public purpose. Inverse condemnation is a de facto taking due to excessive regulation. The correct answer is: Escheat

After failing to locate an owner or rightful heirs, the state may acquire ownership of abandoned property through: Select one: A. Eminent domain B. Adverse possession C. Escheat D. Estoppel

(government rights in land) Escheat is the process whereby property reverts to the government when there are no heirs. The correct answer is: Escheat

Which of the following is derived from the police power of government? Select one: A. Escheat B. Eminent domain C. Taxation D. Building codes Feedback

(government rights in land) Escheat, eminent domain, taxation, and police powers are all government rights in land. However, escheat, eminent domain, and taxation are explicit powers unto themselves, not derived from any other power. Of the listed choices, only building code restrictions (zoning enforcements) are derived from the police powers of government. The correct answer is: Building codes

What is not a private limitation on title? Select one: A. Lien B. Deed restriction C. Eminent domain D. Encroachment Feedback

(government rights in land) Except for eminent domain, all of the other choices are private limitations on title because they are man-made. In other words, they arise due to the actions or omissions of one or more of the parties. By contrast, eminent domain arises pursuant to application of the law. The correct answer is: Eminent domain

All of the following are limitations to property ownership, EXCEPT: Select one: A. Zoning B. Police power C. Building codes D. Seisin

(government rights in land) Government rights in land include taxation, eminent domain, police power, and escheat. These are limitations on ownership of private property. Zoning and building codes are both examples of police power. Seisin is, by definition, ownership. The correct answer is: Seisin

The government's right to take private property for public improvements is subject to all of the following requirements, except: Select one: A. The ownership interest held by the current owner B. Public purpose C. Economically profitable uses of the land by the owner D. Both A and C Feedback

(government rights in land) The exercise of eminent domain requires a public use and just compensation for the taken property. The ownership interests of the current owner and whether the use is economically viable are irrelevant. The correct answer is: Both A and C

Condemnation requires that: Select one: A. The public benefit B. The owner be paid C. No other property is available D. All of the above

(government rights in land) The government must prove all elements in order to succeed in a condemnation suit. The correct answer is: All of the above

The State of Order plans to condemn several pieces of inner city property in order to build a sports complex. This will displace many poor families. The State of Order then plans to lease the assembled property to three private citizens, who will operate the complex. Is this use of eminent domain consistent with the US Constitution? Select one: A. Yes, but only of the lots are vacant B. Yes, if just compensation is paid to the land-owners C. No, because there is no public purpose D. No, because condemned property cannot benefit private individuals Feedback

(government rights in land) The state has the power to do this through its power of eminent domain. The construction of a sports complex could be considered as a public good because it would create additional revenue and offer employment. The US Supreme Court has upheld the taking of property for private use, while recognizing that states may impose different standards (including legislation which prohibits taking property for private use). Therefore, while states CAN take property for private use consistent with the US Constitution, they may also choose not to. The correct answer is: Yes, if just compensation is paid to the land-owners

The state decides to widen a highway. It will be necessary to use six feet of private property on each side. The state's power to take this property is derived from: Select one: A. Police power B. Zoning power C. Condemnation proceedings D. None of the above

(government rights in land) When the state takes property for the good of the public, it does so through the POWER of Eminent Domain. This is a separate from the police power. Like all government powers, eminent domain is derived from the Constitution. The PROCESS through which the state takes property from a person who refuses to give it up is a condemnation proceeding. The correct answer is: None of the above

A new residential development requires all single-family houses to have brick fronts. This requirement is most likely an example of: Select one: A. Local building codes B. Municipal regulations C. A covenant D. A zoning ordinance

(private controls) A covenant (promise to keep) is a form of deed restriction. This type of restriction would be imposed by a developer, not a local government through use of zoning powers. The restriction described is most likely an aesthetic consideration. The correct answer is: A covenant

Which of the following could be an enforceable deed restriction? Select one: A. Exterior design B. Building size C. Limitations on the height of trees D. All of the above

(private controls) A deed restriction is a limit on property use, placed on the property by the owner. It could control and restrict the use of the property for any of the reasons given. It CANNOT be a restriction that is in violation of the law, such as Fair Housing laws. The correct answer is: All of the above

The developer of a subdivision requires that a property may not have a garage unless it is attached to the single-family home. This is most likely an example of: Select one: A. Local building codes B. A zoning ordinance C. A covenant D. All of the above Feedback

(private controls) A negative (restrictive) covenant is a private restriction on land that may appear in a deed. This type of restriction would be imposed by a developer, not local government through use of zoning powers. The correct answer is: A covenant

Which of the following provisions is NOT an enforceable deed restriction? Select one: A. Exterior design B. Building size C. Landscaping set back D. All of the above are enforceable Feedback

(private controls) All of the listed restrictions are common and enforceable. The correct answer is: All of the above are enforceable

Valid restrictive covenants: Select one: A. Restrict what an owner may do on his own land B. Run with the land C. May appear in a lease D. All of the above

(private controls) All of the listed statements are true about valid deed restrictions. To "run with the land" means that the restrictions remain with the property as it passes from owner to owner. The correct answer is: All of the above

A person who owns a fee simple estate could be subject to which of the following controls? Select one: A. Zoning and building codes B. Subdivision restrictions C. Escheat D. All of the above Feedback

(private controls) All of these are restrictions on private property. Zoning, building codes, and escheat are rights of the government. Restrictive covenants and subdivision restrictions are usually private in nature. Even though you own the property in fee simple, you are still subject to all of the restrictions listed. The correct answer is: All of the above

In a residential subdivision, the developer establishes a central playground that uses four feet from each owner's backyard. Brynes wants to put an organic garden in his backyard, but a central playground swing set sits in that location. In response, Brynes plans to remove the swing set to make room for his garden. His neighbor objects. What can the neighbor do? Select one: A. Nothing, so long as Brynes owns the property in question B. Ask a court for help C. Nothing, if the statutory period for adverse possession has run D. Seek a lis pendens

(private controls) Because it was imposed by the developer, this is most likely a deed restriction. Deed restrictions are enforced by private individuals through court-ordered injunction (an order to stop the offending action). Brynes still enjoys his right to possess the land from the playground, but his use was limited by the developer. A lis pendens is notice that a piece of property is subject to a pending lawsuit. Adverse possession is not applicable because the restriction was voluntarily created. The correct answer is: Ask a court for help

Deed restrictions are imposed by: Select one: A. Developers B. Zoning ordinances C. Neighborhood associations D. All of the above

(private controls) Deed restrictions are imposed on property by the property owner. Of the choices given, a developer is the only property owner. Neighborhood associations can create rules to enforce deed restrictions, but these rules must be consistent with the deed restrictions. The correct answer is: Developers

What is the difference between an easement and a deed restriction? Select one: A. One can "run with the land" and the other cannot B. One controls the use and the other controls the access C. One is created in a deed and the other is not D. Both must be in writing Feedback

(private controls) Easements and deed restrictions can both run with the land. However, an easement allows access to property while a deed restriction limits an owner's use of property. Easements can be created in deeds (an express grant) and deed restrictions are, by definition, created in deeds. While a deed restriction must be written, an easement may be created by implication. The correct answer is: One controls the use and the other controls the access

Restrictive (negative) covenants cannot: Select one: A. Be based on aesthetic considerations alone B. Restrict the owner's lawful use of the land C. Be enforced over zoning ordinance, unless they are less restrictive than the zoning ordinance D. Be too broad

(private controls) Private restrictions found in a deed's restrictive (negative) covenants must not be too broad or violate the law in order to be enforceable. Deed restrictions may be based on aesthetic considerations alone and do restrict an owner's lawful use of the land. However, deed restrictions may never be enforced over zoning ordinances unless they are MORE (not less) restrictive. The correct answer is: Be too broad

Private restrictions on the use of land may be created by: Select one: A. Deeds B. Written agreement C. General restrictions in a subdivision's regulation D. All of the above

(private controls) Private restrictions on the use of land may be created by any of the cited instruments. These are restrictions that are placed on a property by the owner. The correct answer is: All of the above

A restrictive covenant would most likely be enforced by: Select one: A. A neighbor B. A zoning official C. A police officer D. A judge Feedback

(private controls) Restrictive covenants (deed restrictions) are enforced through injunctions, which are issued by courts at the request of others (such as a neighbor). The correct answer is: A judge

Deed restrictions are usually imposed by: Select one: A. Owners B. Zoning C. Neighborhoods D. Governments

(private controls) Restrictive covenants (deed restrictions) are imposed in deeds by owners (which includes developers). The correct answer is: Owners

A restrictive covenant in a deed could: Select one: A. Prohibit resale of the property B. Override zoning regulations C. Prevent the resale of the property to people with children D. Prevent the use of the property as a bar

(private controls) Restrictive covenants restrict how the property owner may use his or her land. A restrictive covenant MUST be legal. Restraints on alienation (resale) are illegal because the right to convey property is one of the rights inherent to property ownership. However, preventing people with children from buying the property is a Fair Housing violation (familial status protection). Often, deed restrictions are more restrictive than local zoning, but they cannot be less restrictive. In short, they cannot "override" the zoning regulations. Restricting a specified use (for example, not being allowed to use the property as a bar) is not uncommon. The correct answer is: Prevent the use of the property as a bar

A property owner obtains a permit to add a bedroom onto her house. Her neighbors notice that an addition would violate setback restrictions in the owner's deed. What is the best course of action for any affected neighbors? Select one: A. Sue for damages B. Nothing. The country sanctioned the addition by issuing a building permit C. Seek an injunction, forcing the owner to tear down the addition D. Ask the county to revoke her building permit Feedback

(private controls) The described setback restrictions are deed restrictions, not zoning regulations. Therefore, the neighbors would sue for an injunction against the owner (either preventing construction or requiring the addition to be removed). Building permits do not override valid deed restrictions. The correct answer is: Seek an injunction, forcing the owner to tear down the addition

Zoning appeals boards are intended to satisfy: Select one: A. Equal protection B. Due process C. Takings clause D. Master plans Feedback

(public controls based in police power) In order to satisfy due process, most communities have established zoning appeals boards to hear complaints from individual property owners about local zoning ordinances. The correct answer is: Due process

If a clause in a deed specifies that title reverts to the grantor if the grantee operates a dance hall on the property, this would be: Select one: A. Invalid deed restriction B. Valid public control C. Valid deed restriction D. Enforceable only through zoning laws

(private controls) This is a valid condition (although, arguably illogical) to the deed, contained in the granting clause. The grantee would receive a qualified fee (fee simple defeasible). The grantor retains a "possibility of reverter." The correct answer is: Valid deed restriction

Deed restrictions usually affect: Select one: A. The current owner only B. Current and subsequent owners C. Subsequent owners only D. All property owners within local government boundaries

(private controls) Valid deed restrictions affect both the current and subsequent owners. The correct answer is: Current and subsequent owners

A buffer zone would most likely separate: Select one: A. Office space from retail space B. Light industrial from heavy industrial C. Open space from residential D. Residential from commercial

(public controls based in police power) A buffer zone is used to separate two (otherwise incompatible) land uses. Of the choices listed, residential and commercial are the most incompatible. Therefore, that is the BEST answer. The correct answer is: Residential from commercial

Which of the following statements must be true of an industrial park? Select one: A. It is surrounded by a buffer B. It is zoned industrial C. It is leased from a developer D. Both A and B

(public controls based in police power) An industrial park MUST be zoned as industrial in order to be subdivided and marketed. The other answers MAY be true, but the question asks what MUST BE true. The correct answer is: It is zoned industrial

Building codes are enforced by: Select one: A. Federal authorities B. State agencies C. Zoning board D. Building permits

(public controls based in police power) Building codes are enforced by issuing building permits and requiring periodic inspections at certain phases of construction. A final inspection is required before one may receive a certificate of occupancy. Building codes are locally enforced (generally, by building departments). The correct answer is: Building permits

Building codes: Select one: A. Could be based on national standards B. Are enforced locally C. Involve a certificate of occupancy D. All of the above Feedback

(public controls based in police power) Building codes often include national, state, or local standards. They are issued and enforced by local authorities, and a certificate of occupancy must be issued to document conformity. The correct answer is: All of the above

Ms. Jones wants to build a porch on the back of her house. The new construction will extend beyond the rear setback restriction. She is most likely to receive permission to build the porch through a: Select one: A. Spot zoning permit B. Zoning variance C. Conditional use permit D. None of the above Feedback

(public controls based in police power) Conditional use permits and variances are similar in function, but differ in availability. Generally, variances are issued to remedy case-specific hardships. Meanwhile, conditional use permits are used where no hardship exists, but the change will benefit the community as a whole. At face value, there appears to be no benefit to the neighborhood for this individual homeowner's addition. Spot zoning is avoided because it rarely survives a legal challenge. The correct answer is: Zoning variance

Jon wants to build a house on his lot. The house will sit 20 ft. from the front lot line. The city ordinance calls for a minimum setback of 25 ft. May Jon build his house in the manner described? Select one: A. No, unless Jon receives a zoning variance B. Yes, so long as Jon obtains spot zoning C. Yes, so long as Jon receives a special use permit D. Either A or C Feedback

(public controls based in police power) Conditional/Special use permits and variances are similar in function, but differ in availability. Generally, variances can be issued to remedy case-specific hardships. Meanwhile, conditional use permits are used where no hardship exists, but the change will benefit the community as a whole. At face value, there appears to be no benefit to the neighborhood as a whole for this individual homeowner's addition. The correct answer is: No, unless Jon receives a zoning variance

The Government's right to control private land is limited by: Select one: A. Just compensation clause B. Right to privacy C. Rational relationships D. None of the above

(public controls based in police power) Constitutional limitations on the police power are contained in the due process, equal protection, and takings clauses of the Constitution. There is no such thing as the "just compensation clause" and the right to privacy has nothing to do with real property. Due process may be either substantive or procedural. Substantive Due Process requires that land regulations be rationally related to a legitimately stated objective (or within the scope of the police powers). Therefore, it can be said that the government's right is limited by "rational relationships." The correct answer is: Rational relationships

Zoning ordinances are established by: Select one: A. The federal government B. Individual state governments C. Counties, towns, and municipalities D. All of the above

(public controls based in police power) Counties and towns establish zoning ordinances. In come cases, these decisions may be directed by either State or Federal regulations. The correct answer is: Counties, towns, and municipalities

All of the following situations are examples of downzoning, except: Select one: A. From single family dwellings to multi-unit apartments B. From agricultural use to single-family dwellings C. From single-family dwellings to a conversation area D. Both A and B

(public controls based in police power) Downzoning occurs when the zoning regulations are changed from a higher, more active use to a lower, less active use. The correct answer is: Both A and B

A gas station is located in an area that is currently zoned as residential. One night, the gas station is destroyed in a windstorm. Which of the following statements is most likely to be true? Select one: A. The owner may rebuild because the gas station was a legal non-conforming use B. The owner must receive a variance in order to rebuild C. The owner may not rebuild because the proposed use would violate existing deed restrictions D. The owner may not rebuild unless the zoning ordinance is amended Feedback

(public controls based in police power) Even though the use was a legal non-conforming use, the owner may only rebuild if he/she obtains a variance. This is the general rule when non-conforming uses are destroyed. It is not enough for the zoning ordinance to be amended--it must be amended to permit commercial use (which is not likely, given the existing residential population). The correct answer is: The owner must receive a variance in order to rebuild

The police power includes all of the following regulations EXCEPT: Select one: A. Zoning and building codes B. Condominium covenants, rules, and regulations C. Government land-use regulations D. Real estate licensing laws Feedback

(public controls based in police power) Police power authorizes governments to enact zoning and building codes, land use regulations, and real estate licensing laws. Condominium covenants, rules, and regulations are private concerns. The correct answer is: Condominium covenants, rules, and regulations

Which zoning decision is most likely to be stricken down upon appeal? Select one: A. Spot zoning B. Down zoning C. Special use zoning D. Not enough information to tell

(public controls based in police power) Spot zoning rarely survives a legal challenge because it is difficult to implement fairly, and often results in an arbitrary and discriminatory selection. The correct answer is: Spot zoning

A gas station was built in 1938. The surrounding area was zoned as residential in 1960. The gas station is an example of: Select one: A. A non-conforming use B. Planner urban development C. Down zoning D. Gentrification Feedback

(public controls based in police power) The gas station is classified as a non-conforming use since it does NOT conform to the present zoning ordinance. However, because the use existed before the zoning change, it is a legal non-conforming use. The correct answer is: A non-conforming use

Government rights to control private land stem from: Select one: A. Municipal governments B. Local zoning authorities C. The Constitution D. Common law Feedback

(public controls based in police power) The government derives its right to control private land use from the U.S. Constitution. Many state constitutions echo the same rights. These rights are known as Police Powers. While police power is delegated to local authorities, it stems (derives) from the Constitution. The correct answer is: The Constitution

The purpose of a zoning ordinance is to: Select one: A. Promote public welfare B. Promote building conformity C. Control competition D. Promote property values

(public controls based in police power) The purpose of zoning is to promote the health, welfare, and safety of the public. Building conformity is a result of building codes, not zoning. The correct answer is a restatement of the police power definition. The correct answer is: Promote public welfare

The donation of real estate for public use is: Select one: A. Reverse condemnation B. Eminent domain C. Dedication D. Escheat Feedback

(public controls based in police power) The question states the basic definition of a dedication. The correct answer is: Dedication

An owner has been using a parcel of land for heavy industry since 1973. Subsequently, the property is zoned commercial, excluding industrial uses. The owner's continued industrial use of the property is a(n): Select one: A. Violation of the existing zoning B. Deviation from the master plan C. Zoning variance D. Illegal non-conforming use

(public controls based in police power) This is an example of a non-conforming use. At one time, the use of the property conformed to the zoning code. The zoning has since been changed, so the continued use for industrial purposes is in violation of current zoning. However, because the use existed before the zoning changed, it may continue. Had the use arisen after the zoning change, it would be classified as an illegal non-conforming use. Master plans contain general standards of present and future development. We do not know if this change deviated from the master plan. Therefore, we do not know whether the non-conforming use deviates from the master plan. The correct answer is: Violation of the existing zoning

The government requires a developer to provide off-street parking for tenants. The developer will suffer a loss because instead of building additional units, he must now set aside space for the parking area. This is an example of: Select one: A. Eminent domain B. Inverse condemnation C. Police powers D. Escheat Feedback

(public controls based in police power) This is an example of police powers because it is a valid condition on the approval of his building permit. Inverse condemnation doesn't apply because the regulation hasn't deprived the owner of all economic value from his property (he may still develop around that parking area). Eminent domain doesn't apply because the government isn't taking any property. Further, this is not escheat because the property isn't reverting to the state. The correct answer is: Police powers

The transfer of title from the government to an individual is called a(n): Select one: A. Public grant B. Dedication C. Foreclosure D. Accession Feedback

(public controls based in police power) This question states the classic definition of public grant. The correct answer is: Public grant

A local government changed the zoning for a large parcel of property. As a result, the property decreased in value. The government: Select one: A. Must compensate the owners for the loss B. Must compensate the owners for the entire value of the property C. Need not compensate the owners at all D. Need not compensate the owners unless they contest

(public controls based in police power) When property is re-zoned, the government is NOT required to pay the owners for the decrease in value. This is a valid exercise of the police power, NOT eminent domain. If the property had been taken under eminent domain, the government would be required to pay for it. A decrease in value alone is insufficient grounds to trigger an inverse condemnation. The correct answer is: Need not compensate the owners at all

One of the principal purposes of zoning is to: Select one: A. Restrict business activities B. Effectively plan C. Affect property values D. Generate revenue through taxes Feedback

(public controls based in police power) Zoning ordinances are the tools city planners use to implement a master plan. Through zoning, a master plan enables more effective planning and consistency in regards to a variety of uses. The correct answer is: Effectively plan

A property has a deed restriction that prohibits raising livestock. However, local zoning permits livestock on the property in question. May the property owner raise livestock? Select one: A. No, because the owner must follow the deed restriction over the zoning ordinance B. No, because the deed restriction existed before the zoning ordinance C. Yes, because private agreements cannot overrule a zoning ordinance D. Yes, because estoppel will prevent enforcement of the deed restriction Feedback

(public controls based in police power; private controls) Deed restrictions may always be more restrictive, but never less restrictive, than zoning laws. Therefore, the owner must follow a more restrictive (but legal) deed restriction. Being more restrictive is not equivalent to "overruling" a zoning ordinance--a more restrictive requirement remains consistent with the minimum standard. The correct answer is: No, because the owner must follow the deed restriction over the zoning ordinance

An area where zoning regulates the specific balance of shopping, business, and recreational facilities is an example of: Select one: A. Urban renewal B. Spatial zoning C. PUD D. Commercial condition zoning Feedback

(subdivisions) Planned Unit Developments (PUDs) are mixed-use developments that use zoning ordinances to achieve a desired balance. The correct answer is: PUD

Zelda wants to move into a subdivision with her giraffe. Which of the following items will best determine whether she can keep her giraffe on the property? Select one: A. The Constitution B. Zoning ordinances C. Deed restrictions D. Both B and C

public controls based in police power) Zoning ordinances determine permitted property uses, including the types of animals that may be kept. Deed restrictions could impose similar limitations. Therefore, Zelda must check both the local zoning and her deed restrictions. The correct answer is: Both B and C