CHs 3 and 4 Important Questions

Exemptions

A specified deduction from a property's assessed value before calculating property tax bills

Traditional land use controls (pre-1970) include: A. Zoning B. Building Codes C. Subdivision Regulations D. A and B, but not C E. All three A, B, and C

E. All three A, B, and C

Property taxes are a major source of revenue for? A. Federal government B. School districts C. Local government D. State Governments E. Both local governments and school districts.

E. Both local governments and school districts

The authority for approving site plans for large projects ultimately rests with the: A. Elected governing commission or council B. Mayor or city manager C. Planning board or commission D. Planning board or commission staff E. Zoning review board

A. Elected governing commission or council

Consider the following excerpt from a sample deed, "TO HAVE AND TO HOLD, the same in fee simple forever." The preceding statement represents which required element of a deed? A. Habendum clause B. Recital of consideration C. Words of conveyance D. Exceptions and reservations clause

A. Habendum clause

Special assesments

These are taxes specifically levied for a certain purpose that benefits a limited area.

Pro rata

These charges are used for special assessments, where owners pay a fair share for the assessment, usually based on street front footage.

What constitutional power enables state and local governments to regulate land use

They are granted police power by the "Constitution to regulate land use" or 10th amendmant

Ad Valorem

These are based upon the value of the property

Given the following data, compute taxable value: Market value = 100,000. Assesment percentage = 85% Exemption = 10,000 1) With a tax rate of 25 mills, what is the amount of the property tax? 2) What is the effective property tax rate?

1. Amount of property tax = $1,875 2. Effective tax rate = 1.875%

Variance

A change in the requirements in the existing zoning ordinance due to a hardship condition.

Nonconforming Use

A use that has been previously allowed on a parcel of land but is no longer permitted due to a change in zoning ordinance.

Which of the following covenants promises that the grantor truly has good title? A. Covenant of seisin B. Covenant against encumbrances C. Covenant of warranty D. Covenant of right to convey

A. Covenant of seisin The term seisin means to be in possession of the property rights in fee simple. This is an important promise for the grantor to make, because no deed can convey rights the grantor does not have.

Radon gas is: A. A naturally occurring result of geologic activity. B. A relatively recent phenomenon caused by the earth's warming. C. Important only in the western United States. D. Controllable by soil treatment. E. Regarded as a nuisance but not a health hazard.

A. A naturally occurring result of geologic activity

Elements of traditional zoning include all, EXCEPT: A. Performance standards B. Setback Requirements C. Bulk limits D. Land use categories E. Provisions for special use districts

A. Performance Standards

Elements of a traditional zoning ordinance include all EXCEPT: A. Performance standards B. Density limits C. Land use zones D. Provision for special use districts

A. Performance standards

Which of the following is an example of a risk NOT covered by title insurance? A. Physical damage to the property B. Legal costs of defending the title C. Loss of the property in case of an unsuccessful title defense D. Legal attack on owner's title arising from a claim that diminishes owner's rights of use

A. Physical damage to the property

This alternative to traditional zoning allows developers greater flexibility in uses and density in exchange for community enhancements: A. Planned unit development B. Performance standard C. Smart growth D. Transfer of development rights

A. Planned unit development

Traditional zoning regulations are criticized often for being too rigid in forcing uniform types of development. One alternative allows developers greater flexibility in uses and density in exchange for community improvements, such as the construction of a park or preservation of open space. This is commonly referred to as a: A. Planned unit development (PUD) B. Performance standard C. Impact fee D. Growth restriction

A. Planned unit development (PUD)

A traditional zoning ordinance includes all of the following features EXCEPT: A. Urban service area B. Density limits C. Land use zones D. Provision for special use districts

A. Urban service area

What launched the "revolution in land use controls" about 1970

An ENVIRONMENTAL REVOLUTION in the late 1960s. Events such as the publication of Silent Spring, the Love Canal incident, and the concept of spaceship Earth all contributed.

Urban service area

An area delineated by a boundary around a community where local government plans are set to provide for public services while urban development is discouraged outside the _______ _______ _____

An owner of land may give up rights by failing to stop a trespasser who is using or occupying the land in an open and notorious way for a sustained period of time. When a fee simple interest is conveyed without a deed and without consent of the original owner, this is said to be conveyed by: A. Easement by prescription B. Adverse possession C. Patent D. Condemnation

B. Adverse Possession

Growth management laws at the state level require local jurisdictions to plan for and meet certain requirements. One such requirement prohibits local development unless adequate infrastructure, schools, police/fire protection, and social services have been put in place first. This requirement is referred to as the: A. Economic and environmental impact requirement B. Concurrency requirement C. Affordable housing requirement D. Extraterritorial jurisdiction requirement

B. Concurrency requirement

All of following statements are true in describing the right of government to take private property for public use EXCEPT: A. Inherent in the sovereign power of governments B. Inherent in the police power of the States C. Limited by the 5th Amendment takings clause D. Upheld by the U.S. Supreme Court

B. Inherent in the police power of the States

Consider the following excerpt from a sample deed: "Grantor, his heirs, executors and administrators shall warrant and defend the title against Grantor's acts and none other unto the Grantee, his heirs and assigns against all lawful claims whatsoever." Based on your understanding of the relation between a deed's covenants and the type of deed being conveyed, which type of deed is being conveyed in the statement above? A. General warranty deed B. Special warranty deed C. Deed of bargain and sale D. Quitclaim deed

B. Special warranty deed

While the vast majority of conveyances of real property are private grants through a deed, there are multiple ways in which voluntary conveyance can occur without a deed. Which of the following types of easements can occur if a landowner gives an adjacent landowner continual permission to depend on her land for a prolonged period of time? (e.g., a SEWER drive across his or her land.) A. Easement by prior use B. Easement of necessity C. Easement by estoppel D. Implied easement

C. Easement by estoppel

In which landmark case did the Supreme Court of the United States find that using eminent domain to take private property for economic development was a permissible public use under the 5th Amendment to the U.S. Constitution? A. Norwood v. Horney B. Roper v. Simmons C. Kelo v. New London D. Norwood v. Horney

C. Kelo v. New London

Zoning is an exercise of which type of general limitation on property rights? A. Eminent Domain B. Taxation C. Police Power D. Escheat E. All of the above

C. Police Power

Explain the difference between condemnation and INVERSE condemnation

Condemnation - The legal procedure of the government to acquire private property through Eminent Domain. Inverse- An action, initiated by the property owners against the government, to recover the loss in their property's value attributed to government restrictions.

Externalities can play an important role in determining a property's price, either by adding value through positive externalities or by diminishing value through negative externalities. Which of the following is NOT an example of a negative externality? A. Increased storm runoff from paving B. Traffic congestion C. Noise created by land use D. Bargaining advantage due to uniqueness of a location

D. Bargaining advantage due to uniqueness of a location

The legal tradition recognizes certain words and phrases as signals of various real property interests. For example, the use of the phrase, "for use as," can communicate which of the following types of interests? A. Fee simple absolute B. Fee simple conditional C. Ordinary life estate D. Easement

D. Easement

In the state of Florida, for example, homeowners may qualify for a tax exemption in which up to $50,000 will be deducted from the assessed value of the property before taxes are calculated as long as the owner occupies the subject property as the family's principal residence and has claimed residency within the state. This exemption is known as the: A. Ad valorem exemption B. Affordable housing exemption C. Growth moratorium D. Homestead exemption

D. Homestead exemption

A contemporary planning movement that explicitly advocates mixed uses and a traditional grid pattern of development designed to give pedestrian life priority over motor vehicles (e.g., including sidewalks, narrowed streets with houses close to the street and garage access through side alleys) is commonly referred to as: A. Urban sprawl B. Urban service area C. Traditional residential planning D. New urbanism

D. New urbanism

Which of the following types of deeds is worded to imply no claim of title, but rather only to convey an interest? Hint: This instrument is used mostly to transfer interests between family members (e.g., divorce, gift) and to remove clouds on title. A. General warranty deed B. Special warranty deed C. Deed of bargain and sale D. Quitclaim deed

D. Quitclaim deed

"New urbanism" is a term used to describe: A. Growth management laws enacted by state governments B. Improvement of transportation systems to encourage dispersion of a city's population C. The requirement that infrastructure be available concurrently with new development D. The theory that residential and commercial uses should be integrated, streets and parking should discourage through traffic, and neighborhoods should be pedestrian oriented. E. The trend for construction of self-sufficient "new-towns"

D. The theory that: - Residential and commercial uses should be integrated, streets and - Parking should discourage through traffic, and neighborhoods should be pedestrian oriented.

A comprehensive plan usually deals with which of the following elements? A. Land Uses B. Population C. Public services D. Natural Resources E. All of the Above

E. All of the Above

Name two examples of Monopoly affecting land use:

Electrical, water, and gas line systems (very difficult barriers to entry)

List 3 examples of negative externalities in local land use

Excessive smoking, congestion, debris, noise, excessive storm run-off

List 3 requirements of the courts for zoning to be legitimate use of police powers

In addition to type of land use, zoning typically imposes setback requirements, building height limits, minimum lot dimensions, and building floor area limits as a ratio to land area.

With the following information, compute the property tax rate for the community, Total budget expenditures = $40 million, Total nonproperty tax income = $5 million, Total taxable value = $1 billion, Total exemptions = $250 million

Tax rate = 4.67%

Economic and Environmental impact statement

These analyze a development project's effort on the surrounding areas.

Extraterritorial jurisdiction

This allows local governments to PLAN and CONTROL urban development outside their boundaries until annexation can occur.

Concurrency

This is the requirement that infrasturcture be available in an area before development takes place.

Exclusionary zoning

This tends to include lower-income groups.

Identify two divergent views in recent planning theory concerning the best practice in street layouts and in the relationship between residential and commercial land use:

Traditional planning of street layout is built through a hierarchy of cul-de-sacs. Additionally, traditional planning favors complete containment of nonresidential land uses in designated areas. On the other hand, the new urbanism planning allows for grid pattern, narrow streets, and a mix of land uses within the same area.

Affordable housing allocation

a requirement that encourages or mandates a "reasonable and fair" component of new housing construction for lower-income families