Question 1

A definition of just compensation would be:

Accepted Answer

A)  Value of the government's gain. 
B)  Fair market value. 
C)  Auction price. 
D)  Enough money to move elsewhere. 
A)  Value of the government's gain. 
B)  Fair market value. 
C)  Auction price. 
D)  Enough money to move elsewhere.

Question 2

​A lender has designated a racially‑integrated neighborhood as one in which loans will be made for a maximum of only 50% of the appraised value. The lender claims the area is high‑risk and hence the 50% reduction is necessary to assure adequate loan security. Is the lender correct or has the lender committed an illegal act?

Accepted Answer

​The lender cannot make a gene

Question 3

Jane Fromm is a real estate broker who has three listings in a neighborhood. When an Asian couple asks to see one of the homes, Jane explains to the couple that there is another area in which they would be happier. When a couple from Mexico asks to see one of the homes in the neighborhood, Jane explains to them that the home is already under an offer. When a white couple asks to see one of the homes, Jane shows the couple all three homes. Jane:

Accepted Answer

A)  Is permitted to use her knowledge and discretion in guiding buyers to suitable homes. 
B)  Is engaged in steering, a violation of the Fair Housing Act. 
C)  Is not a Fair Housing Act violation if Jane does not refuse to sell to any of the couples. 
D)  Is just a suggestion, not a violation of the Fair Housing Act. 
A)  Is permitted to use her knowledge and discretion in guiding buyers to suitable homes. 
B)  Is engaged in steering, a violation of the Fair Housing Act. 
C)  Is not a Fair Housing Act violation if Jane does not refuse to sell to any of the couples. 
D)  Is just a suggestion, not a violation of the Fair Housing Act.

Question 4

Fair market value is defined as what a willing buyer would pay a willing seller.

Accepted Answer

A) True 
 B)False

Question 5

In the Kelo case, the tension in the facts involved:

Accepted Answer

A) The right of local government to take private property used for one purpose and give it to another private party for a different use as part of an economic development plant. 
B) The right of local government to clean up blighted areas through the use of eminent domain. 
C) Whether eminent domain can be used for economic development. 
D) Whether private landowners can use the Civil Rights Act for protection of their land. 
A) The right of local government to take private property used for one purpose and give it to another private party for a different use as part of an economic development plant. 
B) The right of local government to clean up blighted areas through the use of eminent domain. 
C) Whether eminent domain can be used for economic development. 
D) Whether private landowners can use the Civil Rights Act for protection of their land.

Question 6

On the basis of the Schmidt case and the cases cited therein, determine the constitutional validity of the following:
a. A city ordinance requiring all-adult residences only. 
b. A city zoning master plan that designates certain areas as adult-only residential areas. 
c. A state statute that prohibits landlords from refusing to rent property located in all-adult subdivisions to families with children.

Accepted Answer

a. Invalid
b. Probably valid
(1) Valid p

Question 7

All-adult covenants in residential developments have been determined to meet constitutional standards regardless of community housing issues.

Accepted Answer

A) True 
 B)False

Question 8

Regulation of property can never constitute a taking.

Accepted Answer

A) True 
 B)False

Question 9

Economic development is a recognized public purpose for purposes of a taking of private property.

Accepted Answer

A) True 
 B)False

Question 10

First Fifth Bank has a mortgage lending program that discounts the interest rates on mortgages in certain areas. For example, if there are certain areas of a city in which the repayment rate for mortgages is high, First Fifth charges lower interest rates to the homebuyers in those areas. Discuss whether there are any constitutional or Fair Housing Act issues.

Accepted Answer

?The practice of First Fifth Bank is one

Question 11

Steering is the same as blockbusting.

Accepted Answer

A) True 
 B)False

Question 12

The U.S. Treasury Department is required to oversee how low-income housing credits are awarded.

Accepted Answer

A) True 
 B)False

Question 13

If a deed restriction violates the equal protection clause:

Accepted Answer

A)  It will still be honored until the restriction expires. 
B)  The deed is valid, but the restriction does not apply. 
C)  The property is taken by eminent domain. 
D)  It can be taken out of the original deed. 
A)  It will still be honored until the restriction expires. 
B)  The deed is valid, but the restriction does not apply. 
C)  The property is taken by eminent domain. 
D)  It can be taken out of the original deed.

Question 14

Racially restrictive fee simple defeasibles:

Accepted Answer

A)  Are enforceable private property rights. 
B)  Are violative of the Fourteenth Amendment. 
C)  Are violative of the Fourteenth Amendment but holders are entitled to compensation for their non-enforcement. 
D)  No longer exist. 
A)  Are enforceable private property rights. 
B)  Are violative of the Fourteenth Amendment. 
C)  Are violative of the Fourteenth Amendment but holders are entitled to compensation for their non-enforcement. 
D)  No longer exist.

Question 15

The Woodlands Condominium Development has the following restriction in its CCRs:"No one under the age of 55 shall be permitted to reside in any condominium unit."Chad and Jill Summerlin live in one of the Woodlands Units. Their daughter, Sarah, 29, has just been through a divorce and she and her son, Adam, age 7, need a place to live. The Summerlins purchase a condo unit for them in the Woodlands so that they can be nearby to help as Sarah needs it. The condo association has brought suit to have Sarah and her son removed from the unit. Which is correct?

Accepted Answer

A) They cannot be removed because they are owners 
B) They can be removed if there is just compensation 
C) They can be required to leave the unit 
D) They can be required to leave the unit only if the Summerlins agree 
A) They cannot be removed because they are owners 
B) They can be removed if there is just compensation 
C) They can be required to leave the unit 
D) They can be required to leave the unit only if the Summerlins agree

Question 16

Mesa Motor Home Park has an adults only restriction that limits residents to "age 55 or above." Such a restriction:

Accepted Answer

A) Is unconstitutional. 
B) Is unconstitutional unless other housing for other ages is available in the area. 
C) Is unconstitutional unless some units are set aside for those under age 55. 
D) Only when Section 8 housing is approved for the Park. 
A) Is unconstitutional. 
B) Is unconstitutional unless other housing for other ages is available in the area. 
C) Is unconstitutional unless some units are set aside for those under age 55. 
D) Only when Section 8 housing is approved for the Park.

Question 17

Regulation of land use is never a taking.

Accepted Answer

A) True 
 B)False

Question 18

A zoning regulation that prohibits "annoying" businesses in a business district:

Accepted Answer

A)  Is void for vagueness. 
B)  Is valid so long as all businesses are subject to regulation. 
C)  Is an infringement of First Amendment rights. 
D)  Is an example of density zoning. 
A)  Is void for vagueness. 
B)  Is valid so long as all businesses are subject to regulation. 
C)  Is an infringement of First Amendment rights. 
D)  Is an example of density zoning.

Question 19

The Fair Housing Act applies to ads for the sale or lease of property.

Accepted Answer

A) True 
 B)False

Question 20

A zoning restriction:

Accepted Answer

A)  Can constitute a taking. 
B)  Is never a taking if there is a legitimate public purpose. 
C)  Cannot be an age restriction. 
D)  Cannot be a use restriction. 
A)  Can constitute a taking. 
B)  Is never a taking if there is a legitimate public purpose. 
C)  Cannot be an age restriction. 
D)  Cannot be a use restriction.

A definition of just compensation would be:

Fair market value is defined as what a willing buyer would pay a willing seller.

In the Kelo case, the tension in the facts involved:

All-adult covenants in residential developments have been determined to meet constitutional standards regardless of community housing issues.

Regulation of property can never constitute a taking.

Economic development is a recognized public purpose for purposes of a taking of private property.

Steering is the same as blockbusting.

The U.S. Treasury Department is required to oversee how low-income housing credits are awarded.

If a deed restriction violates the equal protection clause:

Racially restrictive fee simple defeasibles:

Mesa Motor Home Park has an adults only restriction that limits residents to "age 55 or above." Such a restriction:

Regulation of land use is never a taking.

A zoning regulation that prohibits "annoying" businesses in a business district:

The Fair Housing Act applies to ads for the sale or lease of property.

A zoning restriction:

Sources of Real Estate Law

Land Interests: Present and Future

Extent of Real Estate Interests

Nonpossessory Interests in Real Estate

Fixtures

Liens

Describing Land Interests

Co-Ownership of Real Estate

The Landlord-Tenant Relationship

Commercial Leases

Real Estate Communities: Multiunit Interests and Owners Associations

The Brokers Role in the Transfer of Real Estate

The Purchase Contract

Methods of Transfer and Conveyance in Real Estate

Financing in the Transfer of Real Estate

Closing the Deal

Transferring Real Estate After Death: Wills, Estates, and Probate

Zoning

Environmental Regulation and Sustainability

Legal Issues in Land and Economic Development

Tax Aspects of Real Estate Ownership and Transfer

Filters

Exam 19: Constitutional Issues in Real Estate

A definition of just compensation would be:

Fair market value is defined as what a willing buyer would pay a willing seller.

In the Kelo case, the tension in the facts involved:

All-adult covenants in residential developments have been determined to meet constitutional standards regardless of community housing issues.

Regulation of property can never constitute a taking.

Economic development is a recognized public purpose for purposes of a taking of private property.

Steering is the same as blockbusting.

The U.S. Treasury Department is required to oversee how low-income housing credits are awarded.

If a deed restriction violates the equal protection clause:

Racially restrictive fee simple defeasibles:

Mesa Motor Home Park has an adults only restriction that limits residents to "age 55 or above." Such a restriction:

Regulation of land use is never a taking.

A zoning regulation that prohibits "annoying" businesses in a business district:

The Fair Housing Act applies to ads for the sale or lease of property.

A zoning restriction:

Sources of Real Estate Law

Land Interests: Present and Future

Extent of Real Estate Interests

Nonpossessory Interests in Real Estate

Fixtures

Liens

Describing Land Interests

Co-Ownership of Real Estate

The Landlord-Tenant Relationship

Commercial Leases

Real Estate Communities: Multiunit Interests and Owners Associations

The Brokers Role in the Transfer of Real Estate

The Purchase Contract

Methods of Transfer and Conveyance in Real Estate

Financing in the Transfer of Real Estate

Closing the Deal

Transferring Real Estate After Death: Wills, Estates, and Probate

Zoning

Environmental Regulation and Sustainability

Legal Issues in Land and Economic Development

Tax Aspects of Real Estate Ownership and Transfer

Filters