PSI: Land Use Controls and Regulations: Government Rights in Land

Question 1

A governmental police power that permits it to meet the need for public works by funding through a stable source of income that shares the burden among many citizens

Answer 1

taxation

Question 2

are based on the value of the real estate. General property taxes may pay for items such as schools, police, fire, etc.

Answer 2

Ad valorem taxes

Question 3

are imposed only on properties that benefit from the improvement, such as a tax to install a sewer line or city water line on one specific street. Other examples may include paved streets, curbs, sidewalks, or street lighting.

Answer 3

Special assessment taxes

Question 4

Properties subject to a special assessment may have higher tax bills than surrounding properties. This can influence some buyer’s decision to _______.

Answer 4

purchase

Question 5

Property tax liens take priority over all other property _____ in most states.

Answer 5

liens

Question 6

The government’s power to take private land for public use. For example, eminent domain could be used to take private property needed for a planned freeway project.

Answer 6

Eminent domain

Question 7

Governmental appropriation of property; a taking may or may not use the power of eminent domain.

Answer 7

taking

Question 8

The process of taking title and physical possession of private property using the government’s power of eminent domain; the property owner is paid just compensation for the value of the property.

Answer 8

Condemnation action

Question 9

The government takes private property but fails to compensate the owner; property owners are forced to file suit to obtain compensation. The taking may be physical through occupation, or regulatory, where government regulations cause the property to lose economic value.

Answer 9

inverse condemnation

Question 10

the state’s power to take the property of a decedent who dies without a will, heirs, or creditors.

Answer 10

escheat

Question 11

When the state claims property through escheat, it can _____ of the property to benefit the public.

Answer 11

dispose

Question 12

_______ ________ is the government’s authority, at any level, to do what it can to ensure the health, safety, and welfare of its citizens.

Answer 12

police power

Question 13

Police power includes:

Answer 13

licensing, public services, zoning, and building codes.

Question 14

Zoning is a police power exercised by a state, county, city, or town government that classifies

Answer 14

land based on its current or intended usage.

Question 15

Zoning ordinances are____ _____ or regulations that implement the comprehensive plan by regulating zoning and land use and are usually enforced at the city level.

Answer 15

local laws

Question 16

Zoning ordinances regulate things like lot size, building height, and permitted uses within each zoning classification on a ______ map.

Answer 16

zoning

Question 17

Zoning ordinances may not violate the federal _____ __________ ___.

Answer 17

Fair Housing Act

Question 18

Zoning compliance is often monitored by requiring developers to make application for permits, which are only granted if they’re not at ______ with _____ ordinances.

Answer 18

odds, zoning

Question 19

______ zoning allows otherwise prohibited development in return for the developer providing a community benefit.

Answer 19

incentive

Question 20

____ zoning regulates the density of a given area by requiring certain building height limitations, lot width, setback requirements, etc.

Answer 20

bulk

Question 21

Bulk zoning applies to both _______ and _______ zoning.

Answer 21

residential, commercial

Question 22

_______ zoning is a way to ensure the visual and architectural consistency of an area.

Answer 22

aesthetic

Question 23

________ is the process of assigning a lower-density use zone to an area previously allowing a higher density. Density zoning refers to a number of things per unit, such as houses per acre.

Answer 23

downzoning

Question 24

_____ zoning rezones a specific property for use within another zoning area.

Answer 24

spot

Question 25

________ use: Deviates from current zoning but is grandfathered in (such as a home built years ago in an area that's now commercially zoned).

Answer 25

nonconforming

Question 26

Temporarily halts new property development

Answer 26

Moratorium

Question 27

Allows use that’s not normally permitted but is considered an “allowable” use within that zoning, such as a church or daycare within a residentially zoned area.

Answer 27

special use permit (conditional use permit)

Question 28

_______ (aka _____ __________) Permitted deviation in the zoning ordinance requirements; typically granted when the zoning has created a hardship or burden on the property owner. Both special use permits and variances require a public hearing before they’re granted.

Answer 28

variance, use variance

Question 29

Prospective buyers should be aware of _______ ordinances and any potential challenges they may present for desired uses (for example, running a business out of a home)

Answer 29

zoning

Question 30

Many localities have a _______ _____ board which oversees challenges to zoning actions.

Answer 30

zoning appeals

Question 31

The ______ board ensures that community growth is controlled and orderly; the board develops the master plan (also known as comprehensive plan), which includes a budget. In a city, this is known as urban planning.

Answer 31

planning

Question 32

Planners often account for ________ (the physical and natural features of an area).

Answer 32

topography

Question 33

A ________ is land that’s divided into lots for development.

Answer 33

subdivision

Question 34

A _____ map is a map of a subdivision that represents a tract of land, showing the _________ and location of individual properties, streets, easements, and other pertinent information.

Answer 34

plat, boundaries

Question 35

A developer submits the ____ map to a planning board or zoning commission.

Answer 35

plat

Question 36

Meetings held by planning and zoning boards must be open to the public because of ___________ laws.

Answer 36

sunshine

Question 37

At the federal level, the ____________ ____ is part of the Freedom of Information Act (____).

Answer 37

Sunshine Act, FOIA

Question 38

Each state usually has its own version of FOIA or a ________ law.

Answer 38

sunshine

Question 39

__________ _______ are rules that specify the standards to which certain building projects must comply.

Answer 39

building codes

Question 40

These _________ codes help ensure safe, properly functioning buildings for their occupants.

Answer 40

building

Question 41

Building codes address the method of construction, materials used, and the building’s _______ and _________ standards.

Answer 41

safety, sanitary

Question 42

State building codes provide _____ minimum standards for all residential and commercial buildings in the state, while local codes provide additional regulation.

Answer 42

bare

Question 43

If there is no state or local code, builders must comply with the federal building ____.

Answer 43

code

Question 44

Building permits are issued _______ as a signal to a builder or contractor that building codes must be adhered to. During or after completion, building inspectors review work to ensure building code compliance.

Answer 44

locally

Question 45

Most municipalities permit existing construction to be ____ and _______ without meeting current building codes.

Answer 45

sold, occupied

Question 46

__________ are areas that are saturated by water in an amount sufficient to support vegetation that grows in the saturated soil. Many states have wetlands regulations, and various federal government agencies share responsibility for protecting U.S. wetlands.

Answer 46

wetlands

Question 47

The _______ _____ ____ provides guidelines for waters, including wetlands.

Answer 47

clean water act

Question 48

Only ______ structures can be built on wetlands.

Answer 48

certain

Question 49

_______ zones (aka floodplains) are an additional environmental concern for homeowners and buyers. ____________ are low-lying areas of property that are susceptible to flooding because of their proximity to a water source.

Answer 49

flood, floodplains

Question 50

Lenders that fall under _________ _____________ must require borrowers who live in special flood hazard areas (SFHAs) to obtain flood insurance as a condition of obtaining their mortgages.

Answer 50

federal regulations

Question 51

SFHAs

Answer 51

special flood hazard areas

Question 52

Traditional homeowner’s insurance policies don’t cover flooding. Homeowners must purchase a separate policy or bundle flood insurance with their homeowner’s policy. The _________ ______ ___________ ___________ helps homeowners in flood zones obtain affordable flood insurance.

Answer 52

National Flood Insurance Program (NFIP)

Question 53

The ________ ____________ Management Agency (FEMA) provides a search service that homeowners can use to determine if their property lies in a flood zone.

Answer 53

Federal Emergency

Question 54

Laws seeking to conserve, protect, or restore habitats aim to prevent the extinction of animals that live in those habitats or to protect the natural habitat itself from further destruction.

Answer 54

protected habitats

Question 55

Many localities have enacted land use regulations to protect the historic character of the area, either due to architectural or historic landmark significance.

Answer 55

historical landmarks

Question 56

Special purpose landfills contain hazardous waste, such as radioactive materials from nuclear power plants and toxic chemicals

Answer 56

lands contaminated with hazardous waste

Question 57

As a licensee, you don’t have to know how to ________ environmental issues, but should know how, where, and when to seek expert assistance.

Answer 57

investigate

Question 58

a fibrous material that’s dangerous when it begins to deteriorate

Answer 58

abestos

Question 59

________ (easily crumbled or reduced to dust), was used in many materials before the 1970s because of its fire-retardant qualities.

Answer 59

friable

Question 60

The EPA regulates _______ use and disposal; some states have enacted laws related to asbestos handling and disposal.

Answer 60

asbestos

Question 61

_______ can be found in paint, plumbing, dust, soil, and drinking water.

Answer 61

lead

Question 62

the federal _____ __________, ______, and ___________ (RRP) Rule requires contractors who perform tasks that may disturb lead-based paint to be certified and to follow lead-safe work practices.

Answer 62

Lead Renovation, Repair, and Painting (RRP) Rule

Question 63

________ occurs naturally in the environment and can be found in soil and well water.

Answer 63

radon

Question 64

________ enters a home through the building’s cracks and crevices, and experts believe it can cause lung cancer.

Answer 64

radon

Question 65

Results are measured in __________. If the home tests at or above a level of 4 picocuries per liter, experts recommend mitigation, which can include sealing cracks and other foundation or basement openings and installing a vent system.

Answer 65

picocuries

Question 66

______ growth is promoted by excessive moisture and lack of air circulation. Excessive levels of this can cause allergic reactions or act as a respiratory irritant in individuals who are sensitive to it or immune-compromised. In some cases, this may release potentially toxic substances.

Answer 66

mold

Question 67

The EPA recommends that an expert be engaged to remediate affected areas of over __ square feet.

Answer 67

10

Question 68

_______ ___________ is an odorless, colorless toxic gas that’s formed whenever fuel is burned. Gas and oil furnaces, gas refrigerators, clothes dryers, ranges, water heaters, and space heaters produce this, as can fireplaces, charcoal grills, and wood-burning stoves.

Answer 68

carbon monoxide

Question 69

___________________ (CFC are organic compounds that contain carbon, chlorine, and fluorine.

Answer 69

chlorofluorocarbons (CFCs)

Question 70

___________, used in a variety of building products, is a colorless chemical with a strong odor. It’s emitted as a gas and is classified as a volatile organic compound (VOC).

Answer 70

formaldehyde

Question 71

_________________ __________ (PCBs) are mixtures of a number of man-made chemicals.

Answer 71

polychlorinated biphenyls

Question 72

____ are odorless, tasteless solids or liquids and, prior to being banned in 1979, were used in industrial products and chemicals such as caulking compounds, transformers (including those in fluorescent lighting fixtures), and hydraulic oil.

Answer 72

PCBs

Question 73

PCBs are classified as __________.

Answer 73

carcinogens

Question 74

____________ is water that is under the earth’s surface.

Answer 74

groundwater

Question 75

________ _______ _______(landfills) are typically huge excavated areas where waste is buried underground. Federal, state, and local governments regulate waste site placement, construction, and content.

Answer 75

waste disposal sites

Question 76

Golf courses, parks, and housing and office complexes are often constructed on these ______ disposal sites.

Answer 76

capped

Question 77

Inactive waste sites are often _______ (covered with soil).

Answer 77

capped

Question 78

Properties that have been contaminated by commercial or industrial use may be referred to as ____________.

Answer 78

brownfields

Question 79

Always document your recommendations to your client, particularly if the client declines _________ testing.

Answer 79

environmental

Question 80

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was established to clean up

Answer 80

closed, abandoned, or uncontrolled hazardous waste sites and spills.

Question 81

The Superfunds Amendments and Reauthorization Act (SARA) added an “innocent landowner” defense to ________. Landowners who performed their due diligence when purchasing a property may be held innocent of clean-up liability if the property is found to be contaminated.

Answer 81

CERCLA

Question 82

Strict liability: The property owner is __________ for cleanup, regardless of who’s at fault.

Answer 82

responsible

Question 83

Each of the responsible parties is personally responsible for damages.

Answer 83

joint and several liability

Question 84

Both the current owner and prior owners are liable. If liable parties aren’t doing cleanup, the EPA can hire its own contractors, do the clean-up work, and then bill the parties.

Answer 84

retroactive liability

Question 85

Private land use controls include easements, liens, deed restrictions, and subdivision regulations or ____ rules.

Answer 85

HOA

Question 86

_______ land use controls place restrictions on the appearance or use of land by individuals or private entities, as opposed to those placed by a government body.

Answer 86

private

Question 87

If a property faces both a public and private restriction regarding the same issue, the most ______ one takes precedence

Answer 87

restrictive

Question 88

Grantees shouldn't take _____ restrictions lightly. Violating a deed restriction, in severe cases, could cause the property to be reverted to the previous owner who imposed the restriction

Answer 88

deed

Question 89

Subdivision developers may place __________, _________, and _______ (CC&Rs) (aka restrictive covenants) on all properties within a development. CC&Rs are rules established by developers or homeowners associations that govern properties and owners in the community covered by the CC&Rs.

Answer 89

covenants, conditions, restrictions

Question 90

The purpose of CC&Rs is to maintain specific ________ standards; e.g., architectural, design, or setback (distance from property lines) requirements.

Answer 90

subdivision

Question 91

CC&Rs are usually set up to _____ within a certain number of years.

Answer 91

expire

Question 92

CC&Rs are enforced by the _________ association, which may also be empowered to change them.

Answer 92

homeowners

Question 93

Homeowners association (HOA) regulations are typically set up as a ________ (an agreement between the homeowner and the association).

Answer 93

covenant

Question 94

HOA regulations subject property owners to certain _____, _____________, and __________, including the obligation to pay the HOA fee.

Answer 94

rights, responsibilities, and obligations

Question 95

HOAs may regulate _________ choices for structures (such as paint or shingle color), or for landscaping (such as the type and number of trees and shrubs that owners may plant).

Answer 95

aesthetic

Question 96

HOAs typically have the _________ to levy fines against residents who don’t comply with HOA regulations.

Answer 96

authority

Question 97

Any member of the HOA may ________ enforcement in a _____ court of law if a resident isn’t complying with regulations.

Answer 97

pursue, civil