Question 1

A justifiable 'taking' under the 'public use doctrine' requires that the property literally be used by a public body.

Accepted Answer

A) True 
 B)False  False

Question 2

What is the inherent power of a sovereign government to legislate for the health, welfare, and safety of a community?

Accepted Answer

A)   Zoning
B)   Bill of Rights
C)   Police Power
D)   Separation of Powers C

Question 3

Substantive due process is concerned with the fair administration of the law.

Accepted Answer

A) True 
 B)False  False

Question 4

States typically develop zoning and land use controls for localities.

Accepted Answer

A) True 
 B)False

Question 5

Local governments carry out their zoning and planning powers within the framework of powers conferred on them by

Accepted Answer

A)   The federal government
B)   Regional planning groups
C)   Individual states
D)   All of the above

Question 6

The principle of due process mandates

Accepted Answer

A)   Bias
B)   Impartiality
C)   Favors
D)   Policy

Question 7

Which court case determined enterprise as a public use while also allowing public welfare to encompass aesthetic matters

Accepted Answer

A)   Euclid V. Ambler
B)   Berman v. Parker
C)   Poletown Neighbhorhood Council v. Deroit
D)   Kelo v. New London

Question 8

Which amendment is at the heart of zoning issue

Accepted Answer

A)   1st Amendment
B)   5th Amendment
C)   14th Amendment
D)   All of the above

Question 9

Zoning controls are typically adopted by the local legislative body.

Accepted Answer

A) True 
 B)False

Question 10

The principle of due process mandates impartiality of public decision makers.

Accepted Answer

A) True 
 B)False

Question 11

Zoning is a tool used only at which level

Accepted Answer

A)   Federal
B)   Regional
C)   State
D)   Local

Question 12

In Kelo v. New London, the US Supreme Court ruled that the taking of private property for the purpose of economic development did not serve a public purpose.

Accepted Answer

A) True 
 B)False

Question 13

If an ordinance is vaguely written, it could be challenged under which constitutional basis?

Accepted Answer

A)   Substantive due process.
B)   The Public Use Doctrine.
C)   Procedural due process.
D)   Equal protection of the laws.

Question 14

At the Supreme Court level, no definition exists for

Accepted Answer

A)   "taking"
B)   "public use"
C)   "just compensation"
D)   All of the above

Question 15

Generally, judgment of the legislative actions of a local government is the function of the political process and not the role of the courts.

Accepted Answer

A) True 
 B)False

Question 16

The courts have clearly articulated the dividing line between legitimate exercise of the police power and a regulatory taking.

Accepted Answer

A) True 
 B)False

Question 17

In delivering the opinion of the court in Kelo v. New London, Justice Kennedy held that economic development has long been an accepted function of government.

Accepted Answer

A) True 
 B)False

Question 18

A majority of zoning cases are dealt with at the Supreme Court level

Accepted Answer

A) True 
 B)False

Question 19

There is a 'presumption of validty' in the actions of a municipality to which courts give 'judicial deference'.

Accepted Answer

A) True 
 B)False

Question 20

The Kelo v. New London decision allowed states to freely develop legislative responses to the decision

Accepted Answer

A) True 
 B)False

Exam 6: The Institutional and Legal Framework of Planning and Zoning

A justifiable 'taking' under the 'public use doctrine' requires that the property literally be used by a public body.

What is the inherent power of a sovereign government to legislate for the health, welfare, and safety of a community?

Substantive due process is concerned with the fair administration of the law.

States typically develop zoning and land use controls for localities.

Local governments carry out their zoning and planning powers within the framework of powers conferred on them by

The principle of due process mandates

Which court case determined enterprise as a public use while also allowing public welfare to encompass aesthetic matters

Which amendment is at the heart of zoning issue

Zoning controls are typically adopted by the local legislative body.

The principle of due process mandates impartiality of public decision makers.

Zoning is a tool used only at which level

In Kelo v. New London, the US Supreme Court ruled that the taking of private property for the purpose of economic development did not serve a public purpose.

If an ordinance is vaguely written, it could be challenged under which constitutional basis?

At the Supreme Court level, no definition exists for

Generally, judgment of the legislative actions of a local government is the function of the political process and not the role of the courts.

The courts have clearly articulated the dividing line between legitimate exercise of the police power and a regulatory taking.

In delivering the opinion of the court in Kelo v. New London, Justice Kennedy held that economic development has long been an accepted function of government.

A majority of zoning cases are dealt with at the Supreme Court level

There is a 'presumption of validty' in the actions of a municipality to which courts give 'judicial deference'.

The Kelo v. New London decision allowed states to freely develop legislative responses to the decision