Chapter 17

Question 1

Restrictive convenient are …

Answer 1

Negative easements

Question 2

How are covenants enforced ?

Answer 2

By injunction

Question 3

What do we call programs that encourage a shift in development away from environmental sensitive areas to more appropriate areas ?

Answer 3

Transfer of development rights

Question 4

What is the principal mechanism for implementing a master plan ?

Answer 4

Zoning

Question 5

Courts in the U.S. began enforcing restrictive covenants for land use in residential subdivisions in what year ?

Answer 5

1848

Question 6

Zoning ordinance are enacted by the ….

Answer 6

Local Government

Question 7

Common zoning classifications do NOT include which of the following ?

Answer 7

Wetlands

Common zoning classifications include residential , commercial , industrial , vacant , agricultural , public open spaces , parklands , recreational , and institutional.

Question 8

The approval process for development of multiple properties in an area includes submission of which of these ?

Answer 8

A plate of subdivision.

Question 9

What law required meetings of the governmental agencies and departments to be open to the public ?

Answer 9

The sunshine laws

Question 10

Which of the following is not a common type or zone classification ?

Answer 10

Military

Question 11

Actions listed in the SEQR regulations that have already been determined to not have an adverse impact on the environment are called ?

Answer 11

Type 11 actions

Question 12

The property owner of subdivision can enforce the covenant by taking a court action know as a/n

Answer 12

Injunction

Question 13

The interstate land sales full disclosure act is administered by ….

Answer 13

HUD

Housing of Urban Devleopment.

Question 14

If a condition is violated ….

Answer 14

The land ownerships reverts to the previous owner or grantor

Question 15

Which of the following is not included in the subdivision regulations ?

Answer 15

Property tax …

Property tax are subject to change ; therefore they are not included in the subdivision regulations.

Question 16

In addition to government entities , which of these organizations may be able to condemn property under the power of eminent by domain ?

Answer 16

Public utilities

Question 17

A non-profit organization wants to erect a much needed daycare center in a residential zone. Given other favorable circumstances , the local authorizations grant permission by allowing what ?

Answer 17

A special exception

Question 18

Which of the following has a stake in a privately owned property?

Answer 18

The government , the lander and the surrounding neighbors.

Question 19

What is not a core purpose underlying the control of land use ?

Answer 19

To slow economic growth of the country.

Question 20

What can Sarah’s neighbor do if she violates restrictive covenants and installs a swimming pool on her property?

Answer 20

File for an injunction

Because it is the responsibility of other homeowners to make sure Sarah is complying with any restrictions , Sarah’s neighbors can enforce the convenient by filling for an injunction that could rice Sarah to have to pool removed

Question 21

Restrictive covenants are

Answer 21

Negative easements

Question 22

If an action is determined to have possible significant adverse environmental impacts , a/n ____ is required ….

Answer 22

Environmental impact statement

Question 23

Who can enact zoning ordinances ?

Answer 23

City or country governments

Question 24

The regulations that require a sub-digester to make a filing with NYS department or state before ordering to sell or lease subdivided vacant lands on an installment plan is …

Answer 24

New York State Article 9 - A

Question 25

If Sarah’s neighbors see that she is having a swimming pool installed on her property when there is a restrictive covenant prohibiting pools and the neighbors do nothing until the installation is completed , what will most likely happen ?

Answer 25

The court may apply the doctrine or laches

Question 26

The following Is NOT an example of the exercise or police power

Answer 26

Restrictive covenants Zoning ordnance , building codes , subdivision regulations , eminent domain and environmental restrictions are ALL examples of police power.

Question 27

When did the public land use controls become legally reliable ?

Answer 27

1926 Although U.S. courts enforced restrictive covenants to regulate land use as early as 1848 , it was not until 1926 that land use controls became legally reliable when the Supreme Court upheld the validity of zoning ordinance.

Question 28

What is the best definition of a master plan ?

Answer 28

A fusion of land use laws and local land use objective and strategies

Question 29

Where does the term “taking” comes from in the yards to eminent domain ?

Answer 29

The fifth amendment The taking refers to the taking clause or the forth amendment which says , in part , that private property cannot be taken for public use without just compensation

Question 30

New York’s ______ requires all state and local governments agencies to assess the environmental significance of all actions they have discretion to approve fund or directly undertake ....

Answer 30

State environmental quality review act.