Deck 4: Public Regulation and Encumbrances

Question 1

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

Answer 1

False

Question 2

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

Answer 2

False

Question 3

Zoning is a judicial process and usually involves court proceedings.

Answer 3

False

Question 4

Zoning is considered a legislative function of a governmental authority.

Question 5

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

Question 6

Building codes are generally thought of as private.

Question 7

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

Question 8

An owner's property may be sold to governmental authorities for failure to pay real estate taxes.

Question 9

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

Question 10

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

Question 11

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

Question 12

Zoning is generally enforced through injunction.

Question 13

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

Question 14

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

Question 15

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

Question 16

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

Question 17

Zoning does not require procedural due process.

Question 18

Public real property is not subject to mechanics' and materialmen's liens.

Question 19

Subcontractors are generally not entitled to a mechanics' lien.

Question 20

A trust deed is a public encumbrance.

Question 21

Which of the following is not a method used by public authorities to enforce zoning ordinances?

A) Injunction
B) Impose a fine on the owner of the property
C) Foreclosure and public sale of the property
D) Refusal to issue a building permit

Question 22

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

Question 23

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

A) Subcontractors
B) Laborers
C) Material suppliers
D) Land surveyors
E) All of the above

Question 24

A taxpayer can have a lien filed against his or her property for unpaid federal income taxes.

Question 25

A property owner has the right to challenge a tax assessment of his or her property.

Question 26

Which of the following is not a public use that supports the exercise of the power of eminent domain?

A) Public street
B) Park
C) Airport
D) Forest reserve
E) None of the above
F) All of the above

Question 27

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

A) Zoning
B) Eminent domain
C) Taxation
D) Building codes

Question 28

The amount of real estate taxes is generally based upon:

A) the value of the property.
B) the original purchase price of the property.
C) the use of the property.
D) the depreciated value of the property.

Question 29

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

Question 30

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

Question 31

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

Question 32

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

Question 33

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

A) Innocent purchasers
B) Former owners before the contamination
C) Lenders who foreclose and become owners
D) All of the above
E) None of the above

Question 34

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

Question 35

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

Question 36

The protection of wetlands is an important environmental concern.

Question 37

Which of the following are generally thought notto be public encumbrances?

A) Building codes
B) Environmental protection laws
C) Judgment liens
D) Zoning

Question 38

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

A) Materialmen's lien
B) Ad valorem tax
C) Trust deed
D) Restrictive covenant

Question 39

Private restrictive covenants may be used to regulate the following:

A) use of the property.
B) size of homes that can be built on property.
C) the size of front and rear yards.
D) all of the above.

Question 40

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

A) easement.
B) nonconforming use.
C) injunction.
D) ad valorem.

Question 41

Superior Woodwork built a deck for a homeowner. The homeowner refused to pay for the deck.
Superior wants to file a claim of lien for the unpaid bill against the homeowner's property.
What information would generally be contained in the claim of lien?

Question 42

John owns land at the edge of a small town. When he purchased the land it was not zoned and he operated an auto repair business there. Several years later, the town annexed John's land as well as the surrounding land. The town then zoned all of the annexed land single -family residential. John's business is the only business within the residential area. What right does John have to continue his auto repair business? Are there any restrictions on this right?

Question 43

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?