POP Quiz Ch. 5
A property sold for $100,000. The buyer assumed an existing loan for $60,000. If the documentary transfer tax rate is 55 cents per $500 of consideration, what would the amount of the tax be? A.$44 B.$66 C.$110 D.$176
A.$44 (First, subtract the $60,000 loan from the $100,000 purchase price to determine that the new owner's equity in the property is $40,000. Divide $40,000 by $500 ($40,000 ÷ $500 = 80) and then multiply 80 by 55 cents (80 × $.55 = $44).
Which of the following would involve a grandfather clause? A.Continuation of a nonconforming use B.Inheritance of real property C.Allowing a racially restrictive covenant to continue D.Allowing an easement to lapse for nonuse over time
A.Continuation of a nonconforming use
Who is generally responsible for the installation of the curbs, streets, and public utilities in a new subdivision? A.The developer B.City or county planning office C.Bonding companies serving the developer D.Improvement districts formed by lot purchasers
A.The developer
A developer wants lot buyers to pay as much of the cost of streets and sidewalks as possible. The best means of achieving this goal would be: A.a Mello-Roos lien B.a special assessment C.documentary transfer tax D.real estate sales contracts
A.a Mello-Roos lien
Direct enforcement of local building codes is the responsibility of the: A.building inspector B.Real Estate Commissioner C.city planning commission D.state Department of Housing and Community Development
A.building inspector
State enabling legislation allows the state to delegate its police power to cities and counties. This allows cities and counties to enact all of the following, except: A.lien and attachment laws B.planning and zoning laws C.subdivision and land use regulations D.rent control and building codes
A.lien and attachment laws
A landowner refuses to sell his property to make way for a freeway. The government can force the sale of the property using: A.the power of eminent domain B.the power of inverse condemnation C.the police power D.letters of marque and reprisal
A.the power of eminent domain
A property sold for $150,000 in a county where the documentary transfer tax rate was 55 cents for each $500 of consideration or fraction thereof. Out of the purchase price, $125,000 was subject to the tax. The amount of the documentary transfer tax was: A.$68.75 B.$137.50 C.$165.00 D.$68,750
B.$137.50 (The first step is to divide $125,000 (the amount subject to the tax) by $500 ($125,000 ÷ $500 = 250). Then multiply 250 by 55 cents (250 × $.55 = $137.50).
The annual property tax rate for a personal residence cannot exceed: A.1% of the property's appraised value B.1% of the property's full cash value, plus any bonded indebtedness C.2% of the property's assessed value, plus any bonded indebtedness D.100% of the property's full cash value
B.1% of the property's full cash value, plus any bonded indebtedness
Documentary transfer taxes may be charged by a city or county at the rate of: A.5 cents per $500 of sale price B.55 cents per $500 of sale price C.2.15% of the loan amount D.no more than 2% per year
B.55 cents per $500 of sale price
A final subdivision public report expires when a material change affecting the subdivision occurs. Which of the following is not an example of a material change? A.A physical change to the subdivision, such as a change in lot lines B.A change in the prices of the lots C.A sale of five or more lots to an investor D.A change in county zoning restrictions that may affect the use of the lots
B.A change in the prices of the lots
Which of the following actions would not be considered an exercise of the state's police power? A.Subdivision regulations B.Condemnation C.Building codes D.Zoning laws
B.Condemnation
The state fiscal year runs from: A.January 1 to December 31 B.July 1 to June 30 C.June 30 to July 1 D.April 1 to March 31
B.July 1 to June 30
What is the main difference between real property taxes and special assessment bonds? A.In terms of lien priority, assessments are subordinate to property tax liens B.Special assessments are used to pay for local improvements, not ongoing government operations C.Special assessments may be levied only by special improvement districts D.A special assessment is levied according to each property's value
B.Special assessments are used to pay for local improvements, not ongoing government operations
Each county assessor maintains an assessment roll. What is the purpose of the assessment roll? A.To determine the amount each property owner will pay B.To establish the county's tax base C.To set applicable tax rates D.To assure uniform valuations among similar properties in a county
B.To establish the county's tax base
A property owner who wants to subdivide a large parcel would have to comply with the Subdivision Map Act if he divided the parcel into how many lots? A.One or more B.Two or more C.Three or more D.Five or more
B.Two or more
Which of the following is an exercise of the police power? A.A condemnation proceeding on property where the mayor intends to build a new home B.Zoning laws that limit and restrict the use that can be made of land C.Adjudication of conflicting claims by a court of equity D.Creation of restrictive covenants by a subdivider
B.Zoning laws that limit and restrict the use that can be made of land
Pop-up Sample Question 1 of 1 A copy of the Commissioner's public report regarding subdivided land must be given by a subdivider to: A.only bona fide purchasers prior to signing a purchase contract B.any member of the public, upon written or oral request C.only those who have expressed an intention to purchase a lot D.any neighboring property owner who will be affected by the new subdivision
B.any member of the public, upon written or oral request
A planning commission usually works to do all of the following, except: A.coordinate major civic improvements B.educate the public and improve community relations C.ensure growth is orderly and has sufficient transportation and infrastructure D.trying to avoid placement of incompatible uses next to each other
B.educate the public and improve community relations
All of the following are aspects of the power of eminent domain, except: A.condemnation proceedings B.exercise of zoning authority C.just compensation at market value D.right of government to take private property for public use
B.exercise of zoning authority
All of the following items are subject to property tax, except: A.a mobile home attached to a permanent foundation B.intangible personal property C.a parcel of land in an unincorporated area D.a proprietary lessee's interest in oil- or gas-producing public property
B.intangible personal property
For buyers of homes located in subdivisions, the Final Subdivision Public Report provides assurances of all of the following EXCEPT: A.streets and other improvements will be completed B.the homes' prices reflect their fair market values C.any blanket or mechanic's liens will be lifted D.adequate water and other utilities will be available
B.the homes' prices reflect their fair market values
The Subdivision Map Act assigns primary responsibility for the physical aspects of subdivisions to: A.the Real Estate Commissioner B.the local city or county C.the state Land Commissioner D.the Commissioner of Corporations
B.the local city or county
A subdivider must keep a receipt for a subdivision public report on file for: A.1 year B.2 years C.3 years D.4 years
C.3 years
If a property owner feels that her property has been over-assessed and she has not been able to obtain any relief from the county assessor, she may appeal the assessment to the: A.Department of Real Estate B.county tax collector C.Assessment Appeals Board D.state Board of Equalization
C.Assessment Appeals Board
A building may be declared substandard when certain deficiencies are apparent. Which of the following conditions would not cause a building to be declared substandard? A.Lack of adequate heating B.Defective weather protection for exterior walls C.Electrical wiring which does not comply with current code but did so at the time of installation and which poses no current health or safety hazard D.Dampness of habitable rooms
C.Electrical wiring which does not comply with current code but did so at the time of installation and which poses no current health or safety hazard
A parcel of real property would be reassessed in which of the following situations? A.Only if the improvements have been destroyed and rebuilt B.If the county is projecting a budget shortfall and needs additional revenue C.Every time the property is sold D.Every five years
C.Every time the property is sold
On what dates will the second installment of property taxes be due and delinquent? A.November 1 and December 10 B.July 1 and November 1 C.February 1 and April 10 D.January 1 and February 1
C.February 1 and April 10
Which of the following would have the least significant effect on a homeowner's property tax burden? A.Large number of high-priced homes in a community B.Stringent zoning and private restrictions C.Homestead exemptions D.Compactness of the community
C.Homestead exemptions
Which of the following is the general purpose of local building codes? A.Assuring the use of skilled labor in building construction and renovation B.Guaranteeing cost-effective construction through uniform building standards C.Providing minimum requirements in building standards to promote the safety, health, and welfare of the public D.Assuring compliance with uniform standards of design and construction throughout the state
C.Providing minimum requirements in building standards to promote the safety, health, and welfare of the public
According to the Improvement Act of 1911, which of the following uses would not be allowed for funds raised through a special assessment? A.Development of drainage system B.Construction of streets and curbs C.Purchase of land for development D.Construction of water and sewer mains
C.Purchase of land for development
In an exercise of police power, a going business is condemned by a local government under a provision of the Health and Safety Code. Which of the following would be true? A.They could not receive just compensation B.They could not receive just compensation, but receive priority to purchase a similar property C.They could receive just compensation for the property D.They could receive just compensation for the property and for business goodwill
C.They could receive just compensation for the property
"Ad valorem" most nearly means: A.for life B.added value C.according to value D.fixed value
C.according to value
Once a taxpayer has received notice of intent to sell a tax-delinquent property from the county tax collector, the taxpayer's statutory right to redeem the property lasts for: A.two years B.three years C.five years D.seven years
C.five years
If the Real Estate Commissioner needed to terminate approval for sale of lots in a new subdivision, he or she would: A.file an accusation against the subdivider, pursuant to the real estate license law B.revoke the final subdivision public report C.issue an order for the subdivider to desist and refrain from selling lots D.request a writ of execution from a court of law
C.issue an order for the subdivider to desist and refrain from selling lots
The owner/occupants of a property that has been sold to the state by operation of law (essentially, classified as in default) for failure to pay property taxes: A.must pay a reasonable rent to the state B.must vacate the property C.may remain in undisturbed possession D.are not liable for further property taxes that accrue after the default
C.may remain in undisturbed possession
Zoning laws are enforceable because: A.planning commissions are under local control and therefore responsible to those persons who are regulated B.of the ease of enforcing them C.of the police power of local governments D.they do not interfere with interstate commerce
C.of the police power of local governments
When residential real property changes ownership, it may be subject to: A.bulk transfer fee B.Mello-Roos reassessments C.reassessment for property tax purposes D.sales tax
C.reassessment for property tax purposes
In implementing its general plan, a city may seek to eliminate nonconforming uses through all of the following, except: A.prohibiting the resumption of an abandoned nonconforming use B.prohibiting the expansion of an existing nonconforming use C.retroactive zoning ordinances D.provisions terminating a nonconforming use within a reasonable time
C.retroactive zoning ordinances
Because of Proposition 13 requirements, a property was assessed at less than its market value for many years. When the property was sold on October 1, it was reassessed at its full market value. The fiscal year's first installment of taxes had already been paid. For the period from October 1 to December 31, the buyers will pay property taxes based on: A.only the old assessment B.the old assessment, plus an additional three months' taxes C.the old assessment, plus a supplemental assessment from October 1 to December 31 based on the increased value D.the old assessment; plus, the buyers and sellers will pay prorated shares of the new assessment for the entire year
C.the old assessment, plus a supplemental assessment from October 1 to December 31 based on the increased value
After a review of an environmental assessment form for a proposed subdivision, the local planning commission issues a negative declaration. This means that: A.a full environmental impact report will have to be prepared B.the project cannot be approved without a declaration of overriding considerations C.the project will have no significant environmental impact and may be approved D.the environmental impact of the project is so great that it cannot be pursued further
C.the project will have no significant environmental impact and may be approved
The housing and construction industry in California is regulated through: A.the state Housing Law, local building codes, and state Real Estate Law B.the state Health and Safety Code, state Housing Law, and state Real Estate Law C.the state Contractors License Law, local building codes, and the state Housing Law D.the Department of Housing and Community Development, the state Health and Safety Code, and the state Real Estate Law
C.the state Contractors License Law, local building codes, and the state Housing Law
If a property owner wanted to receive an exception from zoning laws in order to build a structure in a manner that would not be detrimental to the public, he would apply for a: A.building permit B.rezone C.variance D.redevelopment agreement
C.variance
The basic legal tool a city will use to carry out its general plan is: A.general land use control B.variances C.zoning D.conditional use permits
C.zoning
A change or amendment in a zoning ordinance may be initiated by a/an: A.property owner B.subdivision developer C.local government agency D.All of the above
D.All of the above
One example of police power is the Subdivision Map Act. Other examples of governmental controls exercised pursuant to the police power include: A.health, safety, and fire requirements B.Department of Real Estate license law C.agencies which insure or guarantee FHA or VA loans D.All of the above
D.All of the above
Which of the following topics will be addressed by a master plan prepared by a planning commission? A.Highways and streets B.Commercial, industrial, and residential districts C.Seismic safety D.All of the above
D.All of the above
If the owner of a large parcel of property plans to subdivide it, what is the minimum number of parcels that would make the project subject to the Subdivided Lands Law? A.Two B.Three C.Four D.Five
D.Five
Land zoned for multi-family residential units is most commonly designated: A.A-3 B.C-3 C.M-3 D.R-3
D.R-3
In some cities, the local building code conflicts with the federal uniform building code. Which would prevail? A.Local codes take precedence except regarding subjects that are addressed only by the federal code B.Federal codes always take precedence because of the U.S. Constitution's Supremacy Clause C.Local codes always take precedence in incorporated areas D.Whichever code imposes higher standards of health and safety
D.Whichever code imposes higher standards of health and safety
A zoning action changed the zoning of an area from commercial to residential. This change in zoning classification would be known as: A.combining zones B.spot zoning C.split zoning D.downzoning
D.downzoning
Beginning with the date a residential property is sold to the state by operation of law for delinquent taxes, the taxpayer has the right of redemption for: A.the remainder of the tax year in which the delinquency occurred B.one year C.three years D.five years
D.five years
Local, state, and federal governments have the authority to regulate private property in order to achieve planning goals. The basis for this authority is known as: A.master planning B.eminent domain C.zoning D.police power
D.police power
Land use decisions that comply with "Smart Growth" principles would: A.encourage multiple, competing uses in all zones B.limit all suburban development in favor of urban core renewal C.prohibit any new building D.promote density in existing areas of development and protect rural undeveloped areas
D.promote density in existing areas of development and protect rural undeveloped areas
The Alquist-Priolo Special Studies Zone Act applies to: A.all counties in California B.all structures in California C.all agricultural properties in California D.structures in areas of California subject to earthquake hazards
D.structures in areas of California subject to earthquake hazards
True/False A nonconforming use is special authorization to build a structure on a property in a way that is generally prohibited.
False
True/False To be eligible for a variance, a property owner must prove that strict enforcement of the zoning ordinance in her case would make her property unprofitable.
False
True/False When zoning requirements and private restrictions set different standards, the zoning requirements will always prevail because of the state's police power.
False
True/False Zoning ordinances set minimum lot sizes and building height limits, but they are not concerned with where improvements are placed on a lot.
False
True/False A land use control law must benefit the public by preventing harm that the prohibited use of the property would cause.
True
True/False A typical example of a conditional use is a hospital in a residential zone.
True
True/False State enabling legislation may be used to delegate the state's police power to local entities such as cities and counties.
True
True/False The basis for public restrictions on land use is the police power.
True
True/False To be constitutional, a zoning ordinance must be applied in the same manner to all similarly situated property owners.
True
True/False Unlike a variance, a rezone is an amendment of the zoning ordinance itself.
True
The Real Estate Commissioner would be most likely to deny a final public report for a subdivision if the plans included: A.insufficient financing for the development of planned recreational facilities B.septic tanks instead of city sewer lines C.private roads D.insufficient plans for stormwater drainage
a. insufficient financing for the development of planned recreational facilities