Question 1

A zoning restriction:

Accepted Answer

A zoning restriction may prevent the landowner from using the land in certain ways, such as building a commercial development in a residential area. This does not necessarily constitute an eminent domain "taking" (choice A), and compensation is not always guaranteed (choice B). Additionally, the zoning restriction can lower the value of the land it concerns (choice C).

Question 2

When a zoning ordinance is adopted,any existing property used for a purpose that does not conform to the zoning ordinance:

Accepted Answer

The nonconforming use is allowed to continue even after the adoption of the zoning ordinance, as long as it was lawfully established before the ordinance was enacted. However, there may be restrictions or limitations placed on the nonconforming use, such as prohibiting expansion or intensification of the use.

Question 3

The Jarvis family owned its land for more than 150 years.The Jarvis family traditionally farmed the land and for that purpose maintained farm animals.As years passed,most of the surrounding farms were sold by the owners and the area turned out to be a close-in suburb of a major city.A zoning ordinance was passed that prohibited maintaining a barn or farmyard animals on the land.The Jarvis family was advised that they were unaffected by this ordinance because theirs would be considered a nonconforming use.The members of the Jarvis family lost interest in farming and sold off all their animals.Seven (7)years later,a family member desired to raise a few pigs on the property.Angry neighbors asserted that the family has lost the right to do so.What is your opinion?

Accepted Answer

The answer of The Jarvis family owned its land for...

Question 4

Peter has been subjected to an unreasonable amount of noise from his neighbor,who constantly plays his stereo at full volume.Peter is angry about his neighbor,but he is even angrier about the excessive pollution being emitted by a local factory that burns old tires in direct violation of a state statute prohibiting such conduct.Do the acts of Peter's neighbor and the factory constitute nuisances? If they do,give Peter assistance on any possible courses of action to eliminate the problems.

Accepted Answer

The answer of Peter has been subjected to an unreasonable...

Question 5

With regard to the law concerning nuisance:

Accepted Answer

The courts do balance the protection of the plaintiff against the social utility of the activity in nuisance cases, and a finding that the conduct is socially desirable may outweigh the harm to a particular plaintiff. Legal remedies are available for both public and private nuisances. The fact that the plaintiff suffered annoyance or inconvenience is not sufficient to establish a nuisance; the interference must be substantial and unreasonable.

Question 6

Which of the following is a possible remedy for a nuisance?

Accepted Answer

All the options listed are possible remedies for a nuisance: police can terminate a nuisance, an injunction can be issued to stop it, and money damages can be awarded for harm caused.

Question 7

A nonconforming use:

Accepted Answer

A nonconforming use is a use of property that was legally established according to the zoning regulations at the time but does not conform to new zoning laws. It is generally allowed to continue due to its constitutionally-protected status, unless it is abandoned or significantly altered.

Question 8

Megan owns a manufacturing business in a nonattainment area under federal air pollution law.She wishes to triple the size of the manufacturing operation using land she just purchased next to her current location.What must Megan demonstrate in order to secure a permit to operate in the nonattainment area?

Accepted Answer

The answer of Megan owns a manufacturing business in a...

Question 9

It is probable that a zoning variance would be granted:

Accepted Answer

Zoning variances are typically granted when the desired use of the land is in harmony with the general nature of the surrounding areas. This means that the proposed use of the property should not drastically differ from the existing uses in the surrounding neighborhoods. This is because zoning variances are meant to serve the greater good of the community, and should not negatively impact neighboring properties. Therefore, choice D is the correct answer.

Question 10

Which of the following statements is correct concerning restrictive covenants?

Accepted Answer

Restrictive covenants are agreements that limit the use of a property in some way. They are generally enforceable as long as they meet certain legal requirements. Restrictive covenants can be enforced even if they have not been observed or enforced in the past, but this is not the most accurate or complete statement about restrictive covenants. Restrictive covenants do not take precedence over conflicting statutes. If there is any uncertainty about the interpretation of a restrictive covenant, it will be interpreted strictly rather than liberally. The most accurate statement about restrictive covenants is that they generally impose some limitations on the landowner's use of the property, as they are a type of agreement that places restrictions on how the property can be used.

Question 11

The process by which the buyer conducts a thorough investigation of the property and its current and former uses to determine whether there are any problems with respect to environmental law or nuisance is called:

Accepted Answer

Due diligence is the process of conducting a thorough investigation of the property to determine any potential problems, including issues related to environmental law or nuisance. Continuing the nuisance refers to the act of continuing a harmful activity on the property, while nuisance per se and nuisance per fact refer to legal theories regarding the type of nuisance and the level of culpability required.

Question 12

A criminal nuisance may be terminated by:

Accepted Answer

A criminal nuisance can be terminated either through abatement or closure by government authority. Abatement refers to the act of removing or eliminating the source of the nuisance, while closure by government authority involves ordering the premises where the nuisance is being committed to be closed down.

Question 13

Valid restrictive covenants will bind future owners of the land if:

Accepted Answer

Restrictive covenants must be noted in the deed in order to bind future owners of the land. Being published in the Federal Register or a newspaper of general circulation, or being filed with the attorney general of the state is not sufficient to bind future owners.

Quiz 50: Environmental Law and Land Use Controls