Score for this quiz: 120 out of 125
This attempt took 22 minutes.
Question 1
5 / 5 pts
According to the U.S. Supreme Court, the Dolan v. City of Tigard rule stands for:
all of the following.
the government condition imposed on the landowner’s building application must be roughly
proportional to the impact the landowner’s building project has on the public.
the government condition can be imposed on the owner’s building application so long as the
government makes some sort of individualized determination that the condition is roughly proportional
to the impact the landowner’s building project has on the public.
a government condition that imposes a monetary fee on an owner who seeks a building application
must have an essential nexus with the government interest and must be roughly proportional to the
impact the landowner’s building project has on the public.
Question 2
5 / 5 pts
A governmental action that regulates land use can result in which of the following court judgments?
A compensable categorical taking due to physical occupation.
A compensable partial taking under Penn Central’s ad hoc analysis.
A noncompensable restriction of nuisance pursuant to government’s police powers.
Any of the above.
Question 3
5 / 5 pts
A local government’s economic redevelopment plan is constitutionally valid, unless:
the plan merely transfers the private land from person A to person B.
the plan is approved to benefit a private party.
the plan does not conform to state law restrictions on eminent domain.
all the above.
Question 4
5 / 5 pts
The Nollan v. California Coastal Commission and the Dolan v. City of Tigard cases establish rules that are
meant to:
limit the scope and cost of a landowner’s building permit application.
give government carte blanche authority over the building permit application process.
clarify when a landowner does not need a building permit application.
raise the standards that government must satisfy before the conditions it imposes on an owner’s
building application will be considered constitutionally valid.
Question 5
5 / 5 pts
The Penn Central Transp. Co. v. New York City court held:
the Landmarks Preservation Law was invalid since the train terminal owner had suffered an economic
impact as a result of the Law.
the Landmarks Preservation Law was constitutional because there was no taking of private property.
the Landmarks Preservation Law was valid since the Constitution enables local government to dictate
the private property owner’s investment expectations.
the Landmarks Preservation Law was unconstitutional because the train terminal owner was deprived
of the right to develop a structure above the terminal.
Question 6
5 / 5 pts
The Standard State Zoning Enabling Act was a model act for states to adopt. What did states want to
accomplish when they adopted the Act (or variations of it)?
Control how a landowner uses his property.
Control the evils of urban life.
Grant authority to local government to control the use of land.
All of the above.
Question 7
5 / 5 pts
A landowner whose use is unusual but in accordance with the local zoning code will seek a variance from
the local authorities, while a landowner whose use deviates from the zoning regulations will seek a
special exception.
True.
False.
Question 8
5 / 5 pts
The central point of the Lucas v. South Carolina Coastal Council case is completely stated as:
a land use regulation is a taking when it deprives a landowner of all or part of the economically
beneficial or productive use of his property.
a land use regulation is a taking when it fails to satisfy the essential nexus and rough proportionality
tests.
a land use regulation is a taking when it deprives a landowner of all economically beneficial or
productive use of his property, unless the background principles of state property and nuisance law
prohibit the use.
a land use regulation is a taking when it deprives a landowner of all economically beneficial or
productive use of his property.
Question 9
5 / 5 pts
The Kelo v. City of New London ruling creates the possibility that:
state and local governments are likely to use the economic redevelopment plan as a means to increase
tax revenue, which makes all private property vulnerable to a taking.
state and local governments will reject the use of an economic redevelopment plan to satisfy the
“public purpose” test.
state and local governments can create an economic redevelopment plan based on mere economic
projections.
only a. and b.
only a. and c.
Question 10
5 / 5 pts
A landowner who obtains a building permit and who acts on the permit by spending lots of money on
his/her project, will be entitled to …
a zoning amendment.
a vested right.
a variance.
a conditional use permit.
none of the above.
Question 11
5 / 5 pts
State governments may not establish standards for eminent domain that are different than what the U.S.
Supreme Court has set.
True.
False.
Question 12
5 / 5 pts
A local government is justified in its disapproval of a landowner’s application for an area variance on
which basis stated below?
The landowner proved that there would be practical difficulty if the zoning regulation were strictly
applied to his property. [
The landowner’s actions led to the hardship.
The characteristics of the neighborhood would not change.
The location of the landowner’s structure on his lot is out of compliance with local law.
Question 13
5 / 5 pts
Newly enacted comprehensive zoning creates a problem for many landowners whose pre-existing uses
and structures are now unlawful. Landowners can solve the problem by:
doing any of the following.
obtaining a variance, if the circumstances allow.
obtaining a special use permit, if the circumstances allow.
doing nothing and continuing as they were before the new regulations were enacted.
Question 14
5 / 5 pts
An owner who wants to build on his land can be deprived of the building permit if the government
denial of the permit is based on proof of:
the essential nexus between the governmental condition that is imposed on the owner’s building
application and the government interest.
the essential nexus between the governmental condition that is imposed on the owner’s building
application and the size and cost of the owner’s building project.
the essential nexus between the governmental condition that is imposed on the owner’s building
application and the owner’s lack of financing for the project.
none of the above.
Question 15
5 / 5 pts
If zoning is valid as a matter of federal constitutional law, it is so because:
the U.S. Constitution expressly states that local government has authority to enact zoning regulations.
the U.S. Supreme Court recognizes that local government has authority under the police powers to
create zoning districts to achieve a governmental interest.
the U.S. Supreme Court recognizes that state constitutions expressly grant authority to local
government to enact zoning regulations.
the U.S. Supreme Court recognizes that local government must pay just compensation to owners whose
land loses value because it is within the zoning districts.
Question 16
5 / 5 pts
When land use regulations impact the content of speech of a landowner’s use of his land, the U.S.
Supreme Court has held that such a regulation may be constitutionally valid if the government shows a
compelling governmental interest, the interest is advanced by the regulation, and the regulation is no
broader than necessary to serve that interest.
True.
False.
Question 17
5 / 5 pts
In Penn Central, which of the following is not part of the judicial analysis to determine the
constitutionality of a land use regulation?
The character of the government action.
There is no set formula for the ad hoc analysis.
Interference in the distinct investment-backed expectation of the property owner.
Courts are to consider only the portion of the property that is taken by the regulation.
The economic impact of the regulation.
Incorrec tQuestion 18
0 / 5 pts
When local government for the first time enacts a zoning law that creates zoning districts, many
landowners will find that the use of their respective properties does not conform to the new regulations.
Thus, in a lawsuit that claims a regulatory taking has occurred, the landowners would be entitled to:
good will damages.
severance damages. (not correct)
no damages at all.
the amount of the decrease in the fair market value of the property. (Not correct)
Question 19
5 / 5 pts
The central rule of Village of Euclid v. Ambler Realty declares that:
zoning is a taking of private property without just compensation.
zoning is a constitutional land use regulatory scheme so long as the regulation satisfies the essential
nexus and rough proportionality tests .
regulations that divide a local municipality in to separate zoning districts is constitutional.
none of the above.
Question 20
5 / 5 pts
The key rule to take away from the Kelo v. City of New London case is:
a local government’s economic redevelopment plan that takes private land serves a public purpose
and is therefore constitutionally valid.
a local government’s economic redevelopment plan that takes private land serves a public purpose, but
it is not entitled to any deference by the courts.
a local government’s economic redevelopment plan that takes private land serves a public purpose, but
courts must conduct an independent review of the economic projections of the plan to determine if it is
constitutionally valid.
a local government’s economic redevelopment plan that takes private land serves a public purpose and
is constitutionally valid only when the plan deprives the private land of all economic value.
Question 21
5 / 5 pts
The law of exactions imposes the burden of proof on the government to prove that the demands it is
making on the landowner who seeks to build on his property are valid. What must government prove?
That there is an essential nexus between the government demands and the public health and safety
interests those demands serve, and that the demands are roughly proportional to the nature and
extent of the impact of the landowner’s project on the public.
That there is an essential nexus between the government demands and the public health and safety
interests those demands serve, and that the demands have a reasonable relationship to the nature and
extent of the impact of the landowner’s project on the public.
That there is a rational relationship between the government demands and the nature and extent of
the impact of the landowner’s project, and that the demands are roughly proportional to the public
health and safety interests they serve.
That the government demands substantially advance the public health and safety interests and that
there is a reasonable relationship to the impact of the landowner’s project on the public infrastructure.
Question 22
5 / 5 pts
Most jurisdictions consider just compensation for a governmental taking of property to include which of
the following?
Fair market value based on comparable sales at its highest and best use if a zoning change is
reasonably probable.
Reasonable value based on comparable sales and goodwill.
Reasonable value based on comparable sales at its highest and best use; goodwill; and sentimental
damages.
Fair market value based on comparable sales at a value of its highest and best use irrespective of zoning
changes; and, sentimental damages.
Question 23
5 / 5 pts
Which of the following statements is true?
The most litigated part of the Takings Clause is “just compensation.”
The most broadly interpreted part of the Takings Clause is “public use.”
The Takings Clause bars government from imposing public burdens only on some people.
All of the above.
a. and c. only.
Question 24
5 / 5 pts
In Lucas v. South Carolina Coastal Council, the U.S. Supreme Court stated that it is not necessary to
conduct a factual inquiry even when government’s land use regulation is a categorical taking that results
in the physical invasion of the private property or in the denial of all economically beneficial or
productive use of the property.
True.
False.
Question 25
5 / 5 pts
In a regulatory taking case brought by the landowner against the government because the regulation
reduces the land’s value, the taking of private property will be adjudged by what standard?
The rational relation test stated in the Village of Euclid case.
The strict scrutiny test established in property cases that focus on First Amendment rights.
The ad hoc analysis of the factors in the Penn Central case.
Any one of the above, depending on the underlying facts of the case.
