Chapter 4 Zoning and Eminent Domain

Define Nonconfirming use?

A permitted use that was lawfully established and maintained but that no longer conforms to the current use regulations because of a change in the zoning.

Describe the difference between Variance / Non-confirming use?

A vailance is an exception to the existing zoning, whereas a non-confirming use (also called grandfather clause) arises when there is a change to the zoning but an existing use is permitted to continue.

Define Budding permit?

A written permission granted by a county building department and required prior to beginning the construction of a newbuilding or other improvement (including fences, fence walls, retaining walls and swimming pools).

What is the greatest power the government has to affect the value of real properly? A. FHA minimum housing standards B. Ad valorem taxes C. Zoning D. Declassification

C. Zoning Correct! A government decision to downzone a business district to residential could seriously affect property values.

All of the following are limitations or regulations of property exercised by government EXCEPT: A. police power B. taxation. C. subordination. D. escheat

C. subordination. Correct! A fourth limitation by the government would be eminent domain.

Regulations established by local governments selling forth the construction requirements of structures are BEST described by which term? A. Conveyance B. Devise C. Common law D. Building code

D. Building code Correct! Building codes often are combined with plumbing and electrical codes.

All of the following are used in municipal planning EXCEPT: A. building codes. B. housing codes. C. subdivision regulations. D. subdivision covenants.

D. subdivision covenants. Correct! Subdivision covenants are private, not public, restrictions.

Define Condemnation?

Either a judicial or administrative proceeding to exercise the power of eminent domain, i.e., the power of the government to take private property for public use.

Define Police Power?

The constitutional authority and inherent power of a state to adopt and enforce laws and regulations to promote and support the public health, safety, morals and general welfare.

Define Zoning?

The regulation of structures and uses of property within designated districts or zones. Zoning regulates and affects such things as use of the land, types of structure permitted, building heights, setbacks and density (the ratio of land area to improvement area).

Define Eminent Domain?

The right of government, both state and federal, to take private property for a necessary public use, with just compensation paid to the owner.

Describe the difference between Eminent Domain / Police power?

When property is taken under eminent domain, there must be payment of just compensation; a taking under the police power (such as zoning) does not require compensation.

Government restrictions on land include all of the following EXCEPT: A. title settlement. B. taxation. C. eminent domain. D. zoning.

A. title settlement. Correct! Title settlement refers to the closing of a real estate transaction.

All of the following are examples of public restrictions EXCEPT: A. police power. B. encroachment C. eminent domain. D. taxation.

B. encroachment Correct! Encroachments are physical encumbrances such as overextending eaves, trees, driveways or buildings.

An action brought by a landowner against the government in which the landowner claims money damages because her property value has been lessened due to government action is best called: A. subrogation. B. attachment. C. inverse condemnation. D. lis pendens.

C. inverse condemnation. Correct! Inverse condemnation is, in effect, an action by the landowner demanding that the government complete a taking of the property and pay just compensation (e.g., if the state is constructing a highway and excavates part of the adjacent landowners' property).

Zoning is done by authority of: A. the mayor. B. the law of eminent domain. C. police power. D. petition.

C. police power. Correct! Police power is a constitutional power given to the government to pass rules and regulations to protect the health welfare and safety of the community.

Zoning ordinances control the use of privately owned land by establishing land-use districts. All of the following are usual zoning districts EXCEPT: A. residential. B. commercial. C. rental. D. industrial.

C. rental. Correct! Rental units are permitted in certain residential and commercial categories.

One owner wishes to develop a beauty shop on his property in an area zoned for single-family residences. What type of legal process should be requested? A. Nonconforming use B. Downzoning C. Building permit D. Variance

D. Variance Correct! A variance is a request for a change to the existing zoning, usually based on some hardship. Downzoning is an action by the local government to change the zoning to a lower classification, such as from commercial to residential. A nonconforming use is a use that is allowed to continue afire the area has been rezoned; eventually, the use will have to conform to the new zoning.

Describe Eminent Domain in simple words?

Even a land owner with a fee simple absolute title may find that the use of the real property is often subject to governmental restrictions. Under the constitutional right of eminent domain the government can take property for a public use if it pays just compensation.

Describe Police Power in simple words?

Under the police power, the government can pass reasonable rules such as zoning and building codes to protect the health, welfare and safety of society. In addition to these public restrictions, the property also may be subject to private deed restrictions. If there is a conflict between the public restrictions and the private restrictions, whichever is the more strict, will apply.

An owner wants to extend the side of her house beyond the setback boundary. Which must she obtain? A. Variance B. Nonconforming use C. Subordination agreement D. Reservation

A. Variance Correct! One usually has to prove some hardship to justify a variance from the setback rule. A variance is an exception to a zoning regulation.

The taking of private property for public use without compensation is authorized under the principle of: A. escheat B. police power. C. eminent domain. D. zoning.

B. police power. Correct! In emergency cases, such as a spreading tire, the government under the police power could destroy a person's property and not be liable for any compensation. Zoning (D) is the regulation, not the taking, of private property.

A zoning ordinance could validly affect all of the following EXCEPT: A. height of a building. B. proportion of building area to land area. C. the use of a building. D. the amount of rent charged tenants.

D. the amount of rent charged tenants. Correct! Zoning ordinances frequently control building size, height and density.

Which of the following is a variance? A. A large, new supermarket located in an area zoned for small retail shops. B. An old grocery store located in an area recently rezoned residential C. Several choices of similar homes at the same price D. A restriction in a deed that differs from the zoning

A. A large, new supermarket located in an area zoned for small retail shops. Correct! Choice (B) is a nonconforming use.

When a zoning regulation permits a specific use of a property but a private restriction contained in the deed limits that use of the property, the one that would prevail is the: A. deed restriction. B. zoning law. C. master plan. D. building restriction.

A. deed restriction. Correct! Whichever rule is more strict - a government regulation or a private restriction—will control.

A grandfather clause ¡n a zoning ordinance may permit an owner to: A. remodel the exterior of a building that is a nonconforming use. B. enlarge a building that is a nonconforming use. C. collect damages from the government D. sue for specific performance.

A. remodel the exterior of a building that is a nonconforming use. Correct! The owner of a nonconforming use is "grandfathered under the old law and generally can do cosmetic remodeling but can't make major structural changes.

There are several ways in which land use is regulated or controlled. All of the following are means EXCEPT: A. resolutions passed by local REALTORS® boards. B. zoning ordinances. C. public ownership. D. restrictions contained in sellers' deeds.

A. resolutions passed by local REALTORS® boards. Correct! REALTORS® are active in monitoring local land uses but do not make actual regulations.

Eminent domain, taxation, police power and escheat are: A. restrictions on the ownership of any property. B. benefits belonging to the owner of real property. C. private restrictions on personal property. D. factors that affect only owners of land abutting government-owned property.

A. restrictions on the ownership of any property. Correct! In practice, escheat would have the least frequent impact on real estate ownership.

Which of the following is the BEST description of the purpose of a building permit? A. Municipal control of the volume of building B. Evidence of compliance with municipal regulations C. Regulation of area and bulk of buildings D. Evidence that construction fees have been paid

B. Evidence of compliance with municipal regulations Correct! Building permits not only indicate compliance with building code requirements but also check conformity with the zoning regulations.

A landowner builds a small factory in the city. After the factory is built the city adopts a zoning ordinance in which the area in question is designated a residential area. Which of the following statements about the owner's alternatives is true? A. He must move his plant to a portion of the city zoned for industrial purposes. B. He may continue to operate as a nonconforming use. C. He should abandon the plant and sue the city for damages. D. He is entitled to a variance.

B. He may continue to operate as a nonconforming use. Correct! Because the owner's use was permitted under the prior zoning, it will be allowed to continue.

If an area is rezoned industrial and a commercial establishment is given permission to continue its operation in that area, this is an example of which of the following? A. Variance B. Nonconforming use C. Variable zoning D. Restrictive zoning

B. Nonconforming use Correct! A nonconforming (grandfathered) use is the continuation of a use that was permissible Prior to the recent zoning change. A variance would be the introduction of a new use that varies from the current zoning.

A floodplain control regulation is an example of which type of governmental power? A. Eminent domain B. Police power C. Subdivision D. Attachment

B. Police power Correct! Under the police power, the government can pass regulations to protect the health, welfare and safety of the general public, such as rules regarding types of structures in areas that are accessible to floods and requirements for special flood insurance before lenders can loan on property located in flood-prone regions.

The difference between police power and eminent domain can BEST be determined by whether: A. the action was by sovereign power or by statute. B. any compensation was paid to the owner C. the owner's use was affected. D. the improvements are to be destroyed.

B. any compensation was paid to the owner Correct! If the value of property is lessened by government regulation under the police power as opposed to a taking under eminent domain, no just compensation is paid.

The provisions of county building codes are designed to establish minimum: A. sideline and setback lines for buildings. B. construction standards for buildings within the county. C. standards for flood control. D. licensing requirements for contractors.

B. construction standards for buildings within the county. Correct! Sideline and setback lines typically are established by zoning regulations.

A landowner is advised by the government that a public utilities company plans to cross his Property with a power line. If the landowner refuses, the utilities company can seek to acquire this right through the use of: A. police action. B. eminent domain. C. accretion. D. partition action.

B. eminent domain. Correct! The powers of eminent domain to take private properly (including an air space easement) with just compensation for a public purpose often extend to quasi-public agencies such as public utilities.

All of the following are examples of public restrictions EXCEPT: A. police power B. encroachment C. eminent domain. D. taxation.

B. encroachment Correct! Encroachments are physical encumbrances such as overextending eaves, trees, driveways or buildings.

Zoning ordinances usually cover such matters as: A. base lines. B. setback lines. C. deed restrictions. D. prescription.

B. setback lines. Correct! Base lines (A) are used in government survey descriptions. Choice (D) involves easements.

As defined in local zoning ordinances, the distance between lot lines and improvements is known as: A. frontage. B. setback. C. buffer zone D. depth.

B. setback. Correct! Setback and sideline (or side yard) requirements are helpful in keeping some open area around contiguous properties.

Zoning is done by authority of: A. the mayor. B. the law of eminent domain. C. police power. D. petition.

C. police power. Correct! Police power is a constitutional power given to the government to pass rules and regulations to protect the health, welfare and safety of the community.

All of the following are effective tools for the municipal planner EXCEPT: A. subdivision regulations. B. building codes. C. subdivision covenants. D. zoning ordinances.

C. subdivision covenants. Correct! Subdivision covenants are private-use restrictions found in deeds and thus not directly available for public planning purposes.

Eminent domain MOST nearly means: A. sale to a public corporation. B. private use with consideration. C. public use without compensation. D. public use with compensation.

D. public use with compensation. Correct! Answer (C) is a taking by police power. An example of(C) would be the destructive taking of a building to protect some other buildings from a spreading fire.

Building codes have the ability to do all of the following EXCEPT: A. influence architectural style of buildings. B. establish acceptable material and construction standards for buildings. C. regulate safety of buildings in certain areas. D. require that an attorney review each transaction.

D. require that an attorney review each transaction. Correct! Building codes directly regulate building materials and indirectly influence some architectural styles, especially in historic and preservation districts. There is no requirement for attorney review.

The right of eminent domain refers to: A. the right of every American citizen to own property. B. an organization's right to condemn property pending an improvement that is for the good of the community. C. an institution's or individual's acquiring land by grant from the government D. the government's right to acquire or authorize others to acquire title to property for public use.

D. the government's right to acquire or authorize others to acquire title to property for public use. Correct! The government or a quasi-government agency (like a school district) can acquire property for public use upon paying just compensation, which is often determined in a condemnation proceeding with the government bringing suit against the condemnee.

When the owner of property suffers financial loss from the exercise of police power, such as through the application of zoning laws: A. the owner must be justly compensated for the loss. B. there is a condemnation proceeding. C.the owners will never be allowed to continue their use under the former zoning. D. the owner can appeal to the zoning commission.

D. the owner can appeal to the zoning commission. Correct When property is taken by condemnation under eminent domain, just compensation is awarded, but generally not when property is regulated under police power, such as with a down zoning (e.g., from commercial to residential). Appeals are permitted within stated deadlines.

When property represents a nonconforming use with regard to current zoning regulations, all of the following are true EXCEPT: A. the use is legal and permissible as long as the building exists with no major structural changes. B. if the building is destroyed, no new structure may be erected on the land that is not in conformity with existing zoning. C. the use may continue even though it is in conflict with zoning. D. the use must stop.

D. the use must stop. Correct! As long as the nonconforming structure remains unchanged, the use is "grandfathered." However, the property will have to conform eventually to the new zoning.