Exam 4: Public Regulation and Encumbrances

A property owner does not have the right to challenge a tax assessment of his or her property.

Zoning is considered a legislative function of a governmental authority.

An owner may be responsible for hazardous waste cleanup, even if the owner was not the creator of the hazardous waste.

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

Generally speaking, the power of government to issue zoning regulations is constitutional.

It is not necessary to disclose that a home built prior to 1978 may have lead -based paint.

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

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

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

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

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

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

Zoning does not require procedural due process.

Zoning is generally enforced through injunction.

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

A restrictive covenant may be binding on future owners of the property.

A Phase II environmental examination generally involves drilling wells and analyzing water and soil samples.

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

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

Subcontractors are generally not entitled to a mechanics' lien.