Land Use Controls and Regulations

Question 1

A deed restriction would apply to the:
A  »  current owner only
   B  »  present and future owners
   C  »  original developer
   D  »  homes association

Answer 1

B » present and future owners

Question 2

Private land uses are normally dictated by:
A  »  title insurance
   B  »  appraisers
   C  »  private deed covenants
   D  »  judges

Answer 2

C » private deed covenants

Question 3

Define Title Insurance

Answer 3

Insures the title to a particular piece of property

Question 4

A developer would like to restrict the usage of the land in a particular development. He would do this through a:
A  »  covenant in the deed
   B  »  city restriction
   C  »  deed of trust
   D  »  mortgage

Answer 4

A » covenant in the deed

Question 5

Mr. X bought a house in an area that restricted fences. He then bought a dog and began constructing a fence. What remedies do the neighbors have?
A  »  Eminent domain
   B  »  Police power
   C  »  File a private suit in court
   D  »  Building code enforcement

Answer 5

C » File a private suit in court

Question 6

What is the purpose of a private deed restriction?
A » To control the use of a property for a maximum of 25 years
B » To control the zoning of the property in the future
C » To control ownership of property in the future
D » To control permitted uses of the property

Answer 6

D » To control permitted uses of the property

Question 7

Define Zoning

Answer 7

The regulation of structures and uses of property within designated areas

Question 8

The authority the government has to require that all buildings for human living have restrooms is called:
A  »  eminent domain
   B  »  taxation
   C  »  police power
   D  »  escheat

Answer 8

C » police power

Note: Police power is where the government keeps things in order; e.g., zoning ordinances and building codes - restrooms would fall under this.

Question 9

Define Escheat

Answer 9

The right of the government to take private property when an owner dies intestate (no will) and has no heirs; also applies if owner abandons the property

Question 10

The right of the government to keep things in order and provide for the health, safety and welfare of the general public is called:
A  »  taxation
   B  »  escheat
   C  »  police power
   D  »  eminent domain

Answer 10

C » police power

Question 11

The purpose of laws allowing for the state to take property through escheat is to:
A » allow the property to be purchased cheaply by the state
B » provide for more public land
C » prevent land from becoming ownerless
D » allow for the assessment of taxes

Answer 11

C » prevent land from becoming ownerless

Question 12

A city wanted to take land as the space was needed to install a cloverleaf, allowing easier access to an interstate highway. The owner of the property refused to sell to the city. As a result of this, the city started the process of acquiring the property against the owner's wishes. This process is referred to as:
A  »  condemnation
   B  »  eminent domain
   C  »  escheat
   D  »  police power

Answer 12

A » condemnation

Question 13

Define Condemnation

Answer 13

The PROCESS used to take the property when the government exercises the right of Eminent Domain.

Question 14

The government telling people how to use their property in order to protect the public would be an example of:
A  »  police power
   B  »  taxation
   C  »  escheat
   D  »  eminent domain

Answer 14

A » police power

Question 15

A person dies with no valid will and no heirs. The state government could claim ownership of this property through what government right?
A  »  Eminent domain
   B  »  Taxation
   C  »  Escheat
   D  »  Police power

Answer 15

C » Escheat

Question 16

Which of the following would be true regarding special assessment taxes?
A » These are also called ad valorem taxes
B » If not paid, the property could be sold at a foreclosure sale
C » They are paid one time at closing
D » They are generally for the good of the entire community in raising money for police and fire protection

Answer 16

B » If not paid, the property could be sold at a foreclosure sale

Question 17

A person owns a property in an improvement district. An assessment roll has been confirmed for that area. The owner is in the process of selling the property. A buyer should be informed that:
A » there will be future rezoning of the property
B » this property will be subject to a special assessment tax
C » building codes on this property will be stricter in the future
D » the general assessment taxes will be higher in the future

Answer 17

B » this property will be subject to a special assessment tax

Question 18

Define Subject To

Answer 18

An assignment of a loan from the seller to the buyer where the seller remains solely liable for debt

Question 19

Define General Assessment

Answer 19

Tax on land plus improvements; pays for school, police and fire protection, etc.

Question 20

Improvements that benefit certain properties where only those improved property owners pay for the improvements are normally paid through a:
A  »  general assessment tax
   B  »  special assessment tax
   C  »  one time charge to the owners
   D  »  bond issue

Answer 20

B » special assessment tax

Question 21

Define Bond

Answer 21

Creates the debt; a promise to pay back money that was borrowed; also referred to as a promissory note

Question 22

What kind of value does the government use in raising money for operations?
A  »  Appreciated value
   B  »  Depreciated value
   C  »  Assessed value
   D  »  Original purchase price

Answer 22

C » Assessed value

Question 23

Six miles of curbs and gutters were installed to improve the properties in a certain area. The properties that were improved would most likely pay for the improvements through a:
A  »  benevolent city fund
   B  »  special assessment tax
   C  »  general assessment tax
   D  »  improvements tax

Answer 23

B » special assessment tax

Question 24

Which would be the best example of a buffer zone?
A » Garden apartments between a residential area and shopping center
B » A warehouse between two office parks
C » An office park between two residential properties
D » A residential property between two office parks

Answer 24

A » Garden apartments between a residential area and shopping center

Question 25

Define Buffer Zone

Answer 25

An area separating two incompatible areas

Question 26

What is the purpose of a master plan? A » To insure safety in construction B » To guide in the future development of cities C » To give developers a way to make subdivisions uniform D » To allow cities a way to acquire private property in the future if needed

Answer 26

B » To guide in the future development of cities

Question 27

``` Where would one look to find out what type of structure is allowed to be built on a certain piece of ground? A » Title policy B » Plat map C » Abstract D » Zoning ordinances ```

Answer 27

D » Zoning ordinances

Question 28

Define Abstract

Answer 28

Written history of property

Question 29

What is the purpose of zoning regulations? A » To allow for taxation on real estate B » To allow the government to take private property for public good C » To determine the type of construction materials that can be used in a certain area D » To implement the master land plan

Answer 29

D » To implement the master land plan

Question 30

Define Master Land Plan

Answer 30

Plan for a cities future growth

Question 31

A person builds a building without a building permit. What is the worst thing that could happen in this situation? A » The city would give the person an after the fact building permit B » The city would make the person tear the building down C » The city would make the person bring the building up to city code D » The person could apply for a variance

Answer 31

B » The city would make the person tear the building down

Question 32

Define Variance

Answer 32

After zoning; this is a small deviation in the current zoning law that still conforms to the over all general plan for the area. Variances are generally granted for things like setback requirements, front footage requirements, etc.

Question 33

If all factors regarding zoning, supply, demand, etc., were the same, for what type of property would a parking lot be the most valuable? A » A property zoned for a 2-story apartment building B » A property zoned for a house C » A property zoned for a 3-story warehouse D » A property zoned for a 6-story office building

Answer 33

D » A property zoned for a 6-story office building Note: this is determined due to the density of people that would use the building.

Question 34

``` A six-unit apartment complex in an area that is zoned R-1 for single family residential property only would be an example of a: A » variance B » non-conforming use C » building code D » master land plan ```

Answer 34

B » non-conforming use Note: Non-conforming use (Before Zoning) Variance (After Zoning)

Question 35

Define Non-Conforming Use

Answer 35

Before zoning; similar to a grandfather clause; allows continued use of a property that is technically in violation of the current zoning law because the owner was using the property a certain way before the zoning change. Property can be sold as non-conforming use if buyer uses it the same as the seller had; however, if property burns down, generally property then must conform to the new, current zoning use.

Question 36

Which of the following would be the BEST example of a buffer zone?A » An agricultural property between multi-family dwellings and a commercial property B » A single family property between two commercial properties C » A single family property between a multi-family dwelling and a commercial property D » A park between a high-rise apartment building and an industrial area

Answer 36

D » A park between a high-rise apartment building and an industrial area Note: A buffer zone is primarily to separate residential property from commercial property; therefore, a park between an apartment and industrial use is the best answer.