Real Estate Law Flashcards
(71 cards)
When and where was the first modern attempt at comprehensive zoning made?
New York. 1916.
What is a “Subdivision” as defined by the Lands Act?
A subdivision is a blah blah blah
What is Euclidean Zoning
Simple Zoning based on hierarchical structure: Residential prevails over commercial, which prevails over industrial.
What is Interim Zoning
Expeditious method of providing exception to zoning for important purposes.
What does LAFCO stand for?
Local Agency Formation Commission.
What is the Local Agency Formation Commission (LAFCO)?
A commission that the state requires to exist in each county and city having a planning department. It regulates the policies and procedures for incorporating new cities, merging cities, and annexing land to cities.
In which court case did the court completely denounce the plaintiff’s claim that a General Plan with trees shown to span over the land owner’s property was considered a taking of his property?
Shelby Realty v. city of San Buenaventura.
In which court case did the court hold that the city can preserve its small-town character through use of zoning.
Construction Industry of Sonoma v. City of Petaluma (1976).
In which court case did the court hold that the city can limit single-family residences to 1-acre-minimum lots and exclude all future commercial uses.
Los Altos Hills v. Adobe Creek Properties (1973).
What are the three sources of relief from zoning regulations?
Using the legislative, executive, or judicial branch of the government to get relief from zoning restrictions.
Which famous Supreme Court case held that a court has no place in deciding whether zoning officials are zoning properly unless it is clear that their actions are arbitrary or irrational.
Nectow v. City of Cambridge (1927).
Which court case found four types of invalid applications of zoning to be 1) Exclusion of existing use 2) Creation of a monopoly 3) Renders land unsuitable for its purpose 4) Creation of zoning islands?
Wilkins v. San Bernardino (1946).
What are the criteria to have a Variance granted?
1) it will not have adverse affects on surroundings. 2) the property is special because of size, shape, topography, location of surrounds 3) owner is undergoing hardships
What is a Conditional Use Permit?
Special relief from zoning for the sake of “Public Interest”.
Which court case found that the board of supervisors are bound by the wording of its zoning ordinances and must disallow the conditional use permit for a church in a residential zone?
Tusin Heights Association v. Board of Supervisors
What does NEPA stand for?
National Environmental Policy Act of 1970.
What is the National Environmental Policy Act of 1969?
The strongest Federal-Level legislation that declares environmental protection to be a national policy to prevent and eliminate damage to the environment and biosphere. It requires that all federal agencies to prepare, file and consider an environmental impact statement before approval of action.
What does EQA stand for?
Environment Quality Act of 1970.
What is the Environmental Quality Act of 1970?
A California legislation that regulates hazardous material that most commonly controls property purchases. It is design to shift the burden of cleanup from the government to the property owners and potentially responsible partners.
Which court case found that a private development that required government permit and may have significant impact on the environment must submit an Environmental Impact Report per the EQA before issuance of the permit?
Friends of Mammoth v. Board of Supervisors.
What does CERCLA stand for?
Comprehensive Environmental Response, Compensation, and. Liability Act (aka “Superfund”).
What is California Superfund?
A California legislation that regulates hazardous material that most commonly controls property purchases. It is designed to shift the burden of cleanup from the government to the property owners and potentially responsible partners.
What is the prime exception to Superfund that states that anyone who bought contaminated property unknowing of its contaminations before purchase had no reason to know of the contaminations and who did not contribute to the contamination is not liable for the cleanup costs, which are shifted to the previous owners.
Innocent Land Owner Exception.
Which legislation is the second biggest exception to Superfund? hint: it encourages owners to purchase and restore contaminated property by shielding them from federal liability provided the new owner does not contaminate and also cleans up the property using the approved guidelines?
Brownfield Revitalization and Environmental Restoration Act of 2001.
