Exam 4: Public Regulation and Private Encumbrances

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Zoning is generally enforced through injunction.

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The disclosure of lead-based paint is regulated by the federal government.

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The protection of wetlands is an important environmental concern.

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If you were in a state that followed the New York theory of lien claims and an owner had a contract to build a home for $100,000 and had already paid the general contractor $60,000, the owner's responsibility to subcontractors and material suppliers on lien claims would be limited to

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The right to use real property for a special purpose such as a roadway is known as a restrictive covenant.

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Which of the following are not responsible for cleanup costs of hazardous waste?

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A Phase I environmental examination involves drilling wells and analyzing water samples.

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A purchaser who has actual knowledge of contamination at the time of purchasing the property may still be an innocent party under CERCLA.

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Which of the following would not be considered a private encumbrance?

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Which of the following people are generally entitled to file a mechanics' or materialmen's lien?

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Generally, private restrictions on the use of real property are enforceable.

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Private restrictions on the use of real property are never enforceable.

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Mechanics' and materialmen's liens can never be waived.

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Which of the following is not considered a legislative function of government?

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Karen's property is being taken by the city to be used as the site for a new school. What rights does Karen have in connection with this taking? Can Karen stop the city from taking her property?

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Local governments do not have the right to take private property for public use.

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The exercise of the power of eminent domain requires procedural due process.

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State governments have the right to take private property for public use.

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Zoning is considered constitutional as long as the zoning regulation bears some reasonable relationship to the public welfare.

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A use of real property that is changed or prohibited by subsequent zoning regulations is known as a(n)

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