chapter 4 cont

The power of government to issue zoning regulations is constitutional

Zoning is considered constitutional as long as the zoning regulation bears some reasonable relationship to the public welfare.

Zoning is a judicial process and usually involves court proceedings.

Zoning does not require procedural due process.

Zoning is considered a legislative function of a governmental authority.

Zoning is generally enforced through injunction.

An owner may be responsible for hazardous waste cleanup, even if the owner was not the creator of the hazardous waste.

State governments have the right to take private property for public use.

Local governments do not have the right to take private property for public use.

The exercise of the power of eminent domain requires procedural due process.

An owners property may be sold to governmental authorities for failure to pay real estate taxes.

Public real property is not subject to mechanics and materialmens liens.

Mechanics and materialmens liens can never be waived.

Private restrictions on the use of real property are never enforceable

Generally, private restrictions on the use of real property are enforceable

Subcontractors are generally not entitled to a mechanics liens

The right to use real property for a special purpose such as a roadway is known as an easement

The right to use real property for a special purpose such as a roadway is known as a restrictive covenant

A trust deed is a public encumbrance

Building codes are generally thought of as private.

A purchaser who has actual knowledge of contamination at the time of purchasing the property may still be an innocent party under CERCLA.

A Phase I environmental examination involves drilling wells and analyzing water samples.

A Phase II environmental examination generally involves drilling wells and analyzing water and soil samples

A property owner has the right to challenge an assessment of his or her property for purposes of taxation

A property owner does not have the right to challenge an assessment of his or her property for purposes of taxation.

Which of the following is generally thought not to be a public encumbrance

The use of real property which is changed or prohibited by subsequent zoning regulations is known as a

Which of the following is not a public use which supports the exercise of the power of eminent domain

Which of the following would not be considered a private encumbrance

Which of the following people are generally entitled to file a mechanics or materialmens lien

If you were in a state which followed the New York theory of lien claims and an owner had a contract to build a home for $100,000.00 and had already paid the general contractor $60,000.00, the owner responsibility to subcontractors and material suppliers on lien claims would be limited to:

If you were in a state which applied the Pennsylvania theory of lien claims and an owner had a contract to build a home for $100,000.00 and had already paid the general contractor $60,000.00, the owner liability to subcontractors and materialmen would be limited to

Which of the following is not responsible for cleanup costs of hazardous waste

The amount of real estate taxes are generally based upon

Which of the following is not considered a legislative function of government