The Kelo vs. City of New London U.S. Supreme Court ruling was controversial because the U.S. Constitution prohibits the government from taking private property except for “public use.” What governmental power was central to this case?
Eminent domain
Escheat
Police power
Taxation
What kind of tax is only levied on affected property owners in a particular district?
Income tax
Sales tax
Special assessment tax
Transfer tax
The Johnsons have owned a small restaurant for more than 20 years. It’s open for lunch and dinner six days a week, and 80% of its weekday revenue comes from the happy hour drink and appetizer specials. The town in which their restaurant is located recently constructed a new middle school and stripped the liquor license from the Johnsons’ restaurant, because it no longer complies with the ordinance to be 500 feet from a school property. The Johnsons have accused the town of _____.
Condemnation
Eminent domain
Escheat
Inverse condemnation
What might the government do if property owners fail to pay taxes on their property?
Do nothing.
Evict those living on the property.
Place a lien on the property.
Take ownership of the property.
Which of the following would be something that could be improved by using funds from a special assessment tax?
Adding a new pool
Bathroom renovation
Kitchen remodel
Road repaving
The government’s authority to do what it can to ensure the health, safety, and welfare of its citizens is called ______.
Congress
Escheat
Police power
Taxation
Whose best interests must be served by police power?
The government
The local authority
The property owner
The public
______ is the power of the government to take private land for public use.
Eminent domain
Encumbrance
Escheat
Foreclosure
Identify the accurate statement related to the power of taxation.
If the property is foreclosed upon, property taxes are paid after all other creditors.
Property tax liens take priority over any and all other liens on the property in most states.
Property tax liens take the lowest priority after all other liens on the property.
Taxation is an unstable source of income.
What process is used when the government takes a property using the power of eminent domain?
Condemnation
Encroachment
Encumbrance
Escheat
Police power is the government’s authority at what level(s)?
At any level
Federal only
Local only
State only
Which one of the government powers permits local governments to place a lien against property?
Condemnation
Escheat
Taking
Taxation
Allentown sits on the river, and its many bridges need repair. Which police power is Allentown likely to use in order to fund improvements to its bridges?
Condemnation
Escheat
Taking
Taxation
What is inverse condemnation?
It occurs when a property owner dies without a will, heirs, or creditors.
It occurs when government actions deprive a property owner of the value of the property without offering just compensation.
It occurs when municipalities pass enabling acts.
It occurs when the government places a lien on a property due to failure to pay taxes.
A person lost their job, and the bank foreclosed on their condo. Which of the following of their outstanding debts will the bank pay first?
Credit card balance
Medical bills
Property taxes
Student loan
9sect.unit5.CeSh.PreLic.Qonly.txt
Which type of lease is one in which the tenant pays the rent and some expenses related to the property (e.g., maintenance) separately?
Graduated
Gross
Net
Percentage
James Sawyer evicted his tenant, Kate Abbot, for nonpayment. However, she didn’t vacate the apartment as required by law. This is an example of _______.
A holdover clause
An estate at sufferance
An estate at will
An option to renew
What’s the definition of an encroachment?
An intrusion onto another person’s property
An outstanding lien on a property
The permitted use of another person’s property for a specific use
The purchase of a small portion of another person’s property
A property owner rushes over to talk about the new shed being built in their neighbor’s backyard, which appears to be sticking onto their property by more than a foot. What legal term can the property owner use to describe the placement of the shed?
Easement
Encroachment
HOA
Seisin
Maxwell is a tenant. His lease has a fixed rent in which the landlord pays all taxes, insurance, and maintenance expenses. What type of lease does he have?
Gross
Ground
Net
Variable
Elizabeth’s property is encumbered by an easement in gross with which of these entities?
The neighbor who constructed his new backyard fence six inches across Elizabeth’s property line
The owner of the empty lot down the street that Elizabeth uses as a vegetable garden with the owner’s permission
The resident of the adjoining property to whom Elizabeth has given permission to store some items in her gardening shed
The utility company that needs to access the power line that crosses a corner of Elizabeth’s land
A builder working on a vacant lot is laying out where the house and driveway will be situated. During the planning, they discover the driveway would spill over onto the adjacent lot by a few feet, necessitating an easement. In this situation, the builder owns the _______ estate or tenement.
Dominant
Gross
Prescriptive
Servient
What may an owner place on the land to limit the use of the property, even after it’s sold?
Charter
Deed restriction
Lis pendens
Subordination agreement
What type of an eviction could tenants claim if they’re forced to vacate an apartment after the landlord failed to repair the heat?
Actual eviction
Aggressive eviction
Constructive eviction
Vigilante eviction
You’ve just purchased a rural property, and the attorney at the closing tells you, “You have a dominant estate.” What does that mean to you?
The property comes with an easement in gross granted to the utility company.
You’ll be using an easement across your neighbor Jim’s property.
Your property has an easement granted to your neighbor Jim, allowing him to cross your property to access his land.
Your property has direct access to a road and doesn’t require an easement.
What deed restrictions are imposed by a developer who wants to maintain specific standards in a subdivision?
Developer standards
New build standards
Restrictive covenants
Restrictive standards
If a landlord removes the tenant’s right of ______, the tenant can claim constructive eviction and vacate the property with no further financial responsibility to the landlord.
Acceptance
Control
Ownership
Quiet enjoyment
A couple bought a property that backed up to a neighborhood park. The previous owner mentioned that ever since the park was built eight years ago, the next-door neighbor who works at the park has cut through the yard to get to the park rather than going around via the streets, which saves about half a mile. What kind of easement is this?
Easement by prescription
Easement in gross
Express easement
Visible easement
Eloise is interested in buying a bungalow on the outskirts of the city. Her agent is reviewing the property details and informs her that there are several easements on the property. In particular, the gas company has a right of way because the natural gas line for the neighborhood runs through the back of the lot. What type of easement would this be?
Easement appurtenant
Easement by necessity
Easement by prescription
Easement in gross
In which of the following situations does a new tenant take the place of a departing tenant?
Actual eviction
Assignment
Constructive eviction
Rescission
Which of the following is an example of a ground lease?
A landowner allows another party to harvest crops on his property.
A landowner gives oil and gas companies permission to explore on her land.
A landowner leases undeveloped land to another party, who then builds on that land.
A landowner temporarily provides mineral rights to a property to another party.