Unit 11 Test Bank (Chapters 18 and 19)

What is the main purpose of zoning laws?

To control community development and prevent nuisances

• separating incompatible land uses (like industrial factories and residential homes), and preventing potential nuisances

A nonconforming use can continue if it:

Existed lawfully before the new zoning ordinance

What is the first step in creating a zoning plan?

Developing a master plan dividing the area into districts 

• a long-range planning document that outlines how a local government will grow and develop over time

• It includes goals and policies related to land use, transportation, housing, and other issues

Why should buyers research zoning before purchasing property?

It determines future property use and value

Which statement about aesthetic zoning is true?

It is valid only when tied to health or safety purposes

• Aesthetic zoning, which regulates the appearance of property, is generally considered a valid exercise of police power if it is tied to public welfare, health, or safety purposes. Courts have historically been hesitant to uphold purely aesthetic regulations without a clear connection to broader community interests, such as preserving historical districts or maintaining property values to support the local tax base.

Under the Telecommunications Act of 1996, local governments cannot:

Prohibit personal wireless services entirely 

• state and local governments retain authority over the placement, construction, and modification of wireless facilities, but they are prohibited from enacting regulations that would effectively ban personal wireless services altogether within their jurisdiction

When does zoning become a “taking” under the Constitution?

When it eliminates all reasonable economic use of the land

Zoning laws primarily exist to:

Promote public welfare through orderly land use

Zoning laws that address adult businesses or group homes are examples of:

Social Issue Zoning

• Social issue zoning manages moral or social concerns such as adult theaters, group homes, and short-term rentals.

A variance is granted when:

Strict enforcement creates undue hardship

Why do cities use interim zoning?

To maintain control while preparing a master plan

What is the main concern of exclusionary zoning?

Limiting population and certain land uses in a community

• Exclusionary zoning refers to local government practices that aim to keep out specific types of people or land uses from a particular area.

• This is typically achieved through regulations that make it difficult or impossible to develop affordable housing, thereby limiting the population to higher-income residents.

What does intensity zoning regulate?

The number and size of structures on land

Zoning authority is based on which government power?

Police Power

• Police power = the government’s authority to regulate for health, safety, and general welfare → zoning laws fall under this.

In cumulative zoning, which of the following is true?

Less restrictive zones allow uses from more restrictive zones

• In cumulative zoning, less restrictive zones (like industrial) permit uses from more restrictive zones (like residential) in addition to their own designated uses.

• The most restrictive use (e.g., single-family residential) is generally only permitted in the most restrictive zone.

• Industrial zones can include homes under this system because residential is considered a "higher" or more restrictive use.

• Residential uses are not always excluded; in fact, they are often permitted in many zones under a cumulative system.

Which act forms the basis for local zoning authority?

The Standard State Zoning Enabling Act

What is a key goal of constitutional protections for real estate owners?

To promote fairness and protect ownership rights

What is one essential element of due process in real property matters?

The opportunity to be heard before losing property rights

Under the FHA, which of the following is a protected class?

Persons with disabilities

Which of the following is an example of a 'public purpose' that justifies the use of eminent domain?

Condemnation of slum housing to improve a city area

Which of the following is a valid constitutional restriction on land use?

All-adult covenants in retirement communities.

How is 'just compensation' usually measured in an eminent domain case?

The property's fair market value

What does the Fifth Amendment require when the government takes private land for public use?

Public purpose and just compensation to the owner

Who may bring a complaint or civil suit under the Fair Housing Act?

Individuals, HUD, or advocacy groups

A city decides to acquire private land to build a new public hospital. Under the Fifth Amendment, what condition must be met before the government can take the land?

The government must provide just compensation and show a public purpose

When does a government action become a 'taking' rather than a regulation?

When it prevents any use of the property

Which person is protected under the Fair Housing Act (FHA)?

A tenant with a physical disability

Which of the following actions would violate the Fair Housing Act?

Charging different rents based on race

Which type of land-use restriction has been upheld as valid?

Covenants allowing only adult residents in retirement communities

Which of the following would most likely qualify as a 'public purpose' under eminent domain?

Building a city park for community use

Under disability laws, what is required of a landlord when a tenant requests an accommodation?

Make a reasonable accommodation

Which practice is not a violation of the FHA?

Requiring pre-approval for all buyers equally.

What type of discrimination does the Fair Housing Act now protect against in redevelopment decisions?

Unintentional, if the effect is discriminatory

Why are regulatory takings often difficult to evaluate?

Because regulations can limit property use without total loss

In Lucas v. South Carolina Coastal Council, why did the Supreme Court find a regulatory taking occurred?

The law deprived the owner of all use of property

Under the ADA, what must a landlord do to comply with reasonable accommodation?

Provide a reasonable accommodation, not necessarily the tenant’s choice.

What did the Texas Department of Housing and Community Affairs case establish?

FHA protects against unintentional disparate impact

• a housing practice can be found discriminatory if it has a disproportionate adverse effect on a protected group, even if the discrimination was unintentional

What distinguishes a 'taking' from a regulation under eminent domain law?

A taking involves deprivation of any use of property.

In United States v. Miller, how is 'just compensation' typically determined by the Federal Government?

Fair market value.