Lesson 5: Public Restrictions on Land: Pop Quiz
Alberto wants permission to deviate from one part of the local zoning code. He should request a: A.restrictive covenant waiver B.variance C.building permit D.certificate of alternate usage
B.variance A zoning variance, also called a zoning exception, usually permits a minor departure from the existing ordinance.
Which of the following would be subject to real property taxes? A.A house and the land it's on B.Cars and motorcycles C.Household furnishings D.Only the land, but not the improvements
A.A house and the land it's on Real property taxes are assessed on the entire value of the property, taking into account both the value of the land and the improvements.
There are several environmental issues that would be likely to lead to a property being declared a toxic waste site. Which of the following is one of those issues? A.A methamphetamine lab B.Lead-based paint that is not chipped or damaged in any way C.Mildew found in the kitchen sink D.Low levels of radon gas
A.A methamphetamine lab Manufacture of illegal drugs, such as methamphetamine, can leave behind toxic residues that are difficult to clean up.
A homeowner in a recently built subdivision plans to build an extra bedroom extending from the back of his house. Nobody in the subdivision has added on to their houses in a similar manner yet. What would the homeowner need to obtain before he could begin work on this project? A.Building permit B.Certificate of occupancy C.Conforming use permit D.Variance
A.Building permit A property owner must obtain a building permit from the city or county before making significant alterations to an existing building.
If the state takes private property under the power of eminent domain, which of the following must apply? A.The taking must be for a public purpose B.The taking must be made by prescription C.The taking must be made by statutory dedication D.The state must give constructive notice
A.The taking must be for a public purpose Under the power of eminent domain, government agencies can take private property for a public use, upon payment of just compensation to the owner.
A licensee is helping her buyer purchase some property. The buyer would like to make an offer on a corner lot that may have once been used as a storage site for a heating oil company. The licensee should advise her buyer to: A.consult with an environmental expert B.request a spot zone C.seek tentative approval from the Environmental Protection Agency D.use a condemnation clause in the offer
A.consult with an environmental expert The buyer should consult an environmental expert. The expert might want to conduct tests to see whether the soil has been contaminated and determine whether there are any abandoned underground storage tanks. While the EPA enforces CERCLA, which addresses liability for cleanup of contaminated sites, a buyer does not need EPA approval before buying a site that may have been contaminated.
One of the following terms is synonymous with general real estate taxes. Which one is it? A.Ab initio taxes B.Ad valorem taxes C.Caveat emptor taxes D.Quid pro quo taxes
B.Ad valorem taxes Real property taxes are also known as ad valorem taxes. "Ad valorem" is Latin for "according to value."
Which of the following best describes the difference between building codes and zoning regulations? A.Building codes control the use of real property; zoning regulations affect improvements on the property B.Building codes affect improvements on the property; zoning regulations control the use of real property C.Building codes are enforced by municipalities; zoning regulations are enforced by the state D.Building codes are enforced by the state; zoning regulations are enforced by municipalities
B.Building codes affect improvements on the property; zoning regulations control the use of real property Building codes protect the public from unsafe or unworkmanlike conditions, through the building permit system. Zoning regulations, by contrast, regulate the use of properties, dividing communities into zones for specific types of uses. Both are enforced at the city or county level.
By what right would a railroad company acquire private land necessary for a new railway line? A.Partition action B.Eminent domain C.Suit in federal court D.Condemnation
B.Eminent domain A state government may delegate the power of eminent domain to local governments, and to private entities that serve the public, such as utility companies and railroads. Eminent domain is the right; condemnation is the process.
A developer wants to subdivide a parcel and market it to potential buyers in other states. The property is divided into 135 vacant lots. He must register with the Office of Interstate Land Sales, which is administered by: A.FNMA B.HUD C.state real estate office in developer's home state D.state real estate office in state in which property is located
B.HUD The Interstate Land Sales Full Disclosure Act requires the developers of subdivisions with more than 100 vacant lots who will market the lots through interstate commerce to register with the Office of Interstate Land Sales, formerly a division of the Department of Housing and Urban Development. In 2011, responsibility for administration of ILSA was transferred from HUD to the federal Consumer Financial Protection Bureau; however, you may still encounter a question on the state exam similar to this one.
Which of the following is true about a building designated a historical landmark? A.All lead paint must be removed immediately B.It may not be willfully destroyed without a permit C.It may only be sold to family members D.It must comply with all local ordinances
B.It may not be willfully destroyed without a permit Historical preservation ordinances may protect existing buildings of historical value, and prohibit their destruction or modification without approval from an appropriate local authority.
Sylvia and Bob buy a house on two acres and want to keep cows on the property. Which determines if they can do so? A.Their neighbors B.Zoning ordinances C.State laws D.Federal laws
B.Zoning ordinances Local zoning ordinances allow only certain types of uses within each zone, and would most likely address whether farm animals are allowed on residential properties.
Sonya buys a parcel of land and pays taxes on it for five years. After she builds a home on it, the taxes she'll pay are: A.special assessments B.ad valorem taxes C.estate taxes D.excise taxes
B.ad valorem taxes General real estate taxes are ad valorem taxes; the amount of tax owed is based on the value of the property. (Note that the taxes Sonya was paying on the land before she built a house on it were also ad valorem taxes.)
The state plans to expand local train service, and will need to build several new stations. Nearby homeowners refuse to sell. The process the state would use to take property for public use while paying the homeowners just compensation is called: A.adverse possession B.condemnation C.eminent domain D.alienation
B.condemnation The state can use the condemnation process to take the property, under its right of eminent domain.
A woman owns a large house in a subdivision that is zoned strictly residential. She would like to operate a preschool out of her house. She should seek to obtain a/an: A.HOA release B.conditional use permit C.nonconforming use D.variance
B.conditional use permit A conditional use permit will allow certain beneficial uses (like schools and churches) to operate in residential neighborhoods despite zoning laws.
Stanley would like an exception for his diner from new zoning regulations, in that it is a nonconforming use. He would want to argue all of the following to zoning authorities, except that: A.conforming to the zoning ordinance would create an undue hardship B.he would earn more by using the property for purposes that do not conform with the zoning ordinance C.the diner doesn't harm the public health, safety, and welfare D.the diner existed before the zoning regulation was passed
B.he would earn more by using the property for purposes that do not conform with the zoning ordinance Whether or not a use is profitable does not enter into consideration when deciding whether a nonconforming use will be allowed to continue.
An involuntary alienation of property occurs when: A.a quitclaim deed is signed B.property is taken under the right of eminent domain C.property is received through an inheritance D.property is received through a gift
B.property is taken under the right of eminent domain The right of eminent domain is invoked when a governmental entity takes private property for a public use.
A new subdivision is built in a rural area, outside urban growth boundaries. It is set up so that houses are situated on small lots, with most of the subdivision's land taken up by green space that is held by all owners in common. This is an example of: A.condominiums B.rural cluster development C.spot zoning D.townhouses
B.rural cluster development Rural cluster development is a zoning practice that allows subdivisions in rural zoning districts to be made up of small lots and reserved green space, in order to conserve rural open space.
Cluster zoning, which allows smaller lot sizes and reduced frontages, is suitable if a development: A.includes both commercial and residential uses B.still has a density ratio consistent with the general plan C.abuts a wetland or other sensitive site D.abuts state- or city-owned land
B.still has a density ratio consistent with the general plan Cluster zoning is an approach to zoning that allows developments in suburban or rural areas to have smaller lot sizes and higher density, but also more shared green space. A development cannot exceed the general plan's limits on density, though.
Special assessments levied against a property for local improvements, such as streetlights and sidewalks, are computed on the basis of: A.the market value of the property B.the benefit the property receives from the improvements C.a recent appraisal of the property D.the square footage of the land
B.the benefit the property receives from the improvements As a rule, special assessments are allocated according to the benefits each property receives, instead of the market value of the property. Thus a special assessment is not an ad valorem tax. Sometimes the allocation is based on the front footage of the lot, if the assessment is levied to pay for storm drains, curbs, and gutters.
In spite of Delia's objections, the city took a portion of her lot as part of a street widening project. Which of the following is true about eminent domain? A.The city can only take vacant land by eminent domain B.The city can only take private property for recreational purposes C.Delia's property was taken through the process of condemnation D.Delia won't be compensated for her lost property
C.Delia's property was taken through the process of condemnation Eminent domain is the constitutional power to take private property for a public use. Condemnation is the process by which the property is taken.
Which of the following would a landlord need to disclose to prospective tenants? A.Busy freeway is nearby B.One of the other tenants is a chronic alcoholic C.Presence of asbestos D.Similar units are available for lower rent in a nearby, more diverse neighborhood
C.Presence of asbestos Landlords must disclose the presence of asbestos and other environmental hazards on the property.
An apartment building is right where a new city park is going to be built. The city condemns it. Can the city terminate the leases of the building's tenants? A.No; this is a violation of the federal Fair Housing Act B.No; if the government forces a landlord to breach a contract with a tenant, it is violating the Landlord-Tenant Act 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 According to the Uniform Relocation Act, tenants whose leases expire because of the condemnation of their residence are entitled to at least 90 days' notice and assistance with relocation, including payment of moving expenses. A residential tenant, however, is not likely to have a compensable interest in the property. (The tenant does not have an ownership interest, and from an appraisal perspective, the leasehold interest is unlikely to have any financial value.)
While being shown a property in the Oak Leaf subdivision, the buyers asked the agent if there was the possibility of commercial development nearby. The agent pointed out that the adjacent property was zoned for residential uses only. The buyers should verify the agent's statement by: A.asking a neighbor B.asking the agent's supervisor C.checking the master plan D.checking the plat map
C.checking the master plan A master plan or general plan describes a zoning authority's long-term plan for managing growth in an area. It would shed light on whether there were plans to change zoning laws in the future in a particular area.
Radon, asbestos, and urea formaldehyde are all: A.the result of the decay of radioactive substances B.classified as potential biofuel sources C.classified as environmental hazards, and property managers must take remedial action if they are present in the property D.classified as non-toxic environmental hazards, and they have been de-listed from the EPA's list of dangerous contaminants
C.classified as environmental hazards, and property managers must take remedial action if they are present in the property These three items are dangerous substances that can cause illness in humans.
Zoning regulations are PRIMARILY intended to: A.control the types of businesses in an area B.enforce the state's police power C.ensure the public's health, safety, and welfare D.control construction costs
C.ensure the public's health, safety, and welfare A primary purpose of zoning is to ensure the public's health, safety, and welfare.
Some investors have requested permission to build a factory in Littletown. When deciding where the factory may be built, Littletown's zoning board will most likely consider: A.how many employees the factory will need B.how far employees will have to drive C.impact of the factory's air, noise, and water pollution D.the amount of taxes the factory will generate
C.impact of the factory's air, noise, and water pollution Of the choices given, a zoning board is most likely to consider the factory's impact on nearby neighborhoods with regard to air, noise, and water pollution.
The entity that determines the maximum number of people who may legally live in a rental unit is the: A.Department of Housing and Urban Development B.state government C.local health department and zoning authority D.property owner
C.local health department and zoning authority Among the many things that a local zoning authority might determine is the maximum occupancy of each dwelling in a particular area.
An increasingly common land use pattern allows for subdivisions with smaller lot sizes and little or no setback and sideyard requirements while keeping the same density ratios. These are known as: A.horizontal property divisions B.downzoning C.planned unit developments D.spot zoning
C.planned unit developments A planned unit development is a subdivision where lot sizes are smaller and dwellings are grouped closer together, and there are significant amounts of open space.
Sara is interested in buying a home that is located next to a creek. Sara's agent should advise her to check whether: A.a death has ever occurred on the property B.the property has asbestos insulation C.the property is located in a flood plain D.the property is subject to radon
C.the property is located in a flood plain For properties that are located on or near a body of water, it is advisable to check whether the property is in a flood plain. It may affect the buyer's decision, and it should also factor into the decision whether to purchase flood insurance.
A local ordinance states that no sign can extend more than two feet above the roofline. The Ms want to put a sign on their roof, but the sign is six feet high. To install their sign legally, the Ms must apply for a: A.sign clearance B.nonconforming use permit C.variance D.residual
C.variance A variance will enable the Ms to make a minor deviation from zoning requirements. It will be allowed only if the Ms face an undue hardship because of the zoning law, and if the variance will not change the neighborhood's essential character.
Which of the following actions by a developer would require a zoning variance or a rezone, because it would result in a more intensive use of the land? A.Deed restriction prohibiting further subdivision of individual lots B.Deed restriction prohibiting painting houses non-earth-tone colors C.Fewer outbuildings placed on each lot than allowed by law D.Increase in number of lots per acre
D.Increase in number of lots per acre An increased number of lots per acre would be a more intensive use than before. If it exceeds the maximum number of lots per acre allowed under zoning laws, it would require either a variance or a rezone.
Jean has operated a store on a busy corner in a suburban area. The city decides to rezone the area from commercial to residential use. Which of the following is true? A.Jean is prohibited from operating the store and must stop doing business B.Jean must sell the store to residential buyers C.Jean must try to obtain a variance D.Jean now has a nonconforming use
D.Jean now has a nonconforming use Certain established uses that were lawful before a rezone may be permitted to continue to operate. These uses, such as Jean's store, are known as nonconforming uses.
Privately owned land is controlled by zoning ordinances that establish land use districts. Which of the following is not a kind of zoning category? A.Commercial B.Agricultural C.Residential D.Rental
D.Rental Commercial, industrial, and residential are all usual types of zoning districts. Zoning ordinances may address whether single- or multi-family dwellings are allowed, but wouldn't limit those dwellings to owners or renters.
The police powers of the government include: A.defeasance B.foreclosure C.lis pendens D.building codes and zoning regulations
D.building codes and zoning regulations Building codes and zoning regulations are examples of the government's police power, which is its authority to adopt laws that are necessary for the protection of the public's health, safety, morals, and general welfare.
The purpose of a building code is to: A.support zoning objectives B.acquire land for public use C.establish lot size and setback requirements D.provide minimum standards for construction
D.provide minimum standards for construction Building codes set minimum standards for construction materials and methods, in order to protect the public from unsafe or unworkmanlike construction.
A movie theater was built ten years ago. If the neighborhood is now zoned entirely residential, the movie theater: A.will have to be torn down B.must be remodeled to better conform to the neighborhood's intended use C.will be allowed to continue if the owner obtains a conditional use permit D.will be allowed to continue since it was built before the new zoning law went into effect
D.will be allowed to continue since it was built before the new zoning law went into effect The movie theater is an example of a nonconforming use, which predates a zoning change. Nonconforming uses are generally allowed to continue, although they may not be enlarged, or resumed if they are stopped.
