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Government Powers and Control of Land-Use

Total questions: 29

Worksheet time: 15mins

Name
Class
Date
1.

Ben would like to construct a restaurant on a parcel of land. This particular parcel is not zoned for commercial use. Ben should go to the city and seek a(n):

a)

encroachment

b)

exemption

c)

deferrence

d)

use variance

2.

Which of these environmental protection laws gives the EPA "cradle-to-grave" authority to track hazardous waste?

a)

the National Environmental Policy Act (NEPA)

b)

The Clean Water Act (CWA)

c)

The Resource Conservation and Recovery Act (RCRA)

d)

The Superfund Amendment and Reauthorization Act (SARA)

3.

Which of these is a detailed written statement required by the National Environmental Policy Act for a proposed major federal action significantly affecting the quality of the human environment?

a)

plot plan

b)

home inspection report

c)

specifications

d)

environmental impact statement

4.

Rachel bought a piece of land to build a house on that is very narrow on one side. Because of that, to fit the house in, she wants to build with a 10' set back instead of the 15' setback specified by the zoning ordinances in her area. What does she need to do in order to allow this?

a)

use variance

b)

area variance

c)

a permit from the Landmarks Preservation Commission

d)

a special use permit

5.

Which of these zoning concepts attempts to ensure that all of the buildings in a particular area have the same general look and style?

a)

incentive zoning

b)

floating zoning

c)

aesthetic zoning

d)

cluster zoning

6.

Which of these zoning concepts originally designates a zone for a particular development, but puts in a provision that it can be used for something else upon approval by zoning board?

a)

incentive zoning

b)

floating zoning

c)

aesthetic zoning

d)

cluster zoning

7.

Which of these zoning concepts creates more density to allow more affordable housing with more green space?

a)

incentive zoning

b)

floating zoning

c)

aesthetic zoning

d)

cluster zoning

8.

The Safe Drinking Act is a federal law that does what?

a)

protects people and the environment from the harmful effects of air pollution

b)

protects broad federal authority to respond directly to releases of hazardous substances that may endanger public health or the environment

c)

protects public drinking water supplies by instituting standards for drinking water quality

d)

amends CERCLA, designates more money to the Superfund trust, and establishes new environmental laws and regulations

9.

Which act amended CERCLA, designated more money to the Superfund trust, and established new environmental laws and regulations

a)

the CERCLA II Act

b)

SARA (Superfund Amendments Reauthorization Act)

c)

NEPA (National Environmental Policy Act)

d)

SDWA (Safe Drinking Water Act)

10.

Property owner John illegally disposes of toxic waste by burying it underneath his property. The chemicals leak into the nearby lake and contaminate the water. The EPA can order John to take responsibility for the cleanup under what law?

a)

CERCLA

b)

Title X

c)

Clean Air Act

d)

RESPA

11.

CERCLA was passed in 1980 to:

a)

establish a Superfund to clean up uncontrolled hazardous waste sites and to respond to spills

b)

allow borrowers to include in the mortgage the cost of energy-efficiency improvements to an existing home

c)

require environmental hazard disclosures in all real estate transactions

d)

provide for the conservation of species that are endangered or threatened throughout all or a significant portion of their range

12.

The state needs to acquire someone's private land in order to build a six-lane highway. The government MUST:

a)

take the landowner to court to get a formal decision

b)

provide just compensation in exchange for the property

c)

provide additional land in substitution of the land they are acquiring

d)

ask the landowner to voluntarily alienate the property

13.

Under CERCLA and other environmental legislation, a landowner:

a)

may be liable for contamination cleanup regardless of whether the contamination is the result of the landowner's actions or those of others

b)

is only liable for contamination cleanup if it can be proven that the landowner knowingly concealed the contamination

c)

is only liable for contamination cleanup if the contamination occurred with the landowner's consent

d)

may not be liable for contamination cleanup if the contamination occurred as the result of an accident on the property

14.

The government sends Ken a notice stating that his house and neighborhood will be demolished to build a much-needed water treatment plan. What is the government required to offer Ken in exchange for his property?

a)

nothing, since it is for the public good

b)

whatever they decide is reasonable

c)

whatever Ken asks for

d)

just compensation

15.

The Smith family owns a ranch in an area growing in popularity. Government-owned Amtrak decides to build a new track that will run through a portion of the Smiths' land. What law will allow the track to be built regardless of the Smiths' consent, and what must be provided to the Smith family?

a)

Amtrak cannot take the land unless an agreement is made between the parties; the Smith family MUST consent to a sale price in writing

b)

Amtrak may take the land due to eminent domain; just compensation must be provided

c)

Amtrak may take the land due to eminent domain; NO compensation is required

d)

Amtrak may take the land due to the doctrine of latches; just compensation must be provided

16.

Developer Amy got a density bonus (was allowed to build more units on her property) because she committed to making some of the affordable housing. What kind of zoning allowed this?

a)

spot zoning

b)

floating zones

c)

inclusionary zoning

d)

as-of right zoning

17.

Ad valorem taxes are based on which of these?

a)

assessed value

b)

market value

c)

income

d)

tax bracket

18.

Which of these is a federal law that protects public drinking water supplies by instituting standards for drinking water quality and various technical and financial programs to ensure drinking water safety?

a)

Superfund Amendments and Reauthorization Act (SARA)

b)

Clean Air Act (CAA)

c)

CERCLA

d)

Safe Drinking Water Act (SDWA)

19.

Which of these is permission granted by the government so that property may be used in a manner not allowed by the current zoning?

a)

spot zoning

b)

variances

c)

incentive zoning

d)

easement

20.

The authority that state and local governments have to enact and enforce laws that protect the public's health, safety, morals, and general welfare is know as:

a)

general interest license

b)

police power

c)

safety mandate

d)

constitutional authority

21.

Which of these would not fall under the description of a police power?

a)

deed restrictions

b)

subdivision regulations

c)

building codes

d)

zoning

22.

What is the legal doctrine by which the decedent's property will pass to the state without their consent if that individual dies without a will, a surviving spouse, lineal descendants, or other known heirs?

a)

escheat

b)

eminent domain

c)

taxation

d)

zoning

23.

Emilio bought a single-family home as an investment for $400,000. Six years later, he sold it for $545,000. How much of the profit will he have to pay capital gains tax on?

a)

$400,000

b)

$545,000

c)

$0

d)

$145,000

24.

Michelle, a property owner, passed away without a will or any heirs. The title to her property was then transferred to the state. What is this government right called?

a)

escheat

b)

eminent domain

c)

taxation

d)

zoning

25.

What is a written document created by a planning board that identifies goals, objectives, principles, guidelines, policies, standards, and strategies for growth and development of a community?

a)

zoning map

b)

variance plan

c)

plat

d)

master plan

26.

Unless a permit is obtained, the Clean Water Act makes it unlawful to do what?

a)

discharge any pollutant into the underground storage tanks

b)

engage in fishing activities in freshwater sources

c)

discharge any pollutant from a point source into navigable waters

d)

drill for oil in offshore oil rigs within 25 miles of the coast

27.

Which of the following is NOT a characteristic upon which a zoning variance could be granted?

a)

building height

b)

lot size

c)

setback requirement

d)

racial composition of the neighborhood

28.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is a federal law that does what?

a)

provides broad federal authority to respond to releases of hazardous substances that may endanger public health or the environment

b)

protects public drinking water supplies by instituting standards for drinking water quality

c)

protects people and the environment from the harmful effects of air pollution

d)

requires home sellers to disclose lead-based paint hazards for properties built prior to 1978

29.

Which of these is a federal law that aims to protect people and the environment from the harmful effects of air pollution?

a)

Superfund Amendments and Reauthorization Act (SARA)

b)

Clean Air Act (CAA)

c)

CERCLA

d)

Safe Drinking Water Act (SDWA)