67 set of Pre-License Questions Only (Subscription needed to access Answer Guide)

What type of police power allows cities to identify specific uses for an area?
Condemnation
Eminent domain
Escheat
Zoning

What agency administers the Interstate Land Sales Full Disclosure Act?
Consumer Financial Protection Bureau
Department of Energy Conservation
Developers Land Sales Administration
Housing and Urban Development

Which department typically decides which development projects require a permit or approval?
Building department
Environmental compliance department
Health department
Housing department

What type of rules ensure the safety and accessibility of an office building?
Building codes
Master plan
Tax
Zoning ordinances

Which entity typically enforces the code restrictions and licensing and insurance requirements for contractors, thereby enforcing the building code?
Builder/developer
Department of Environmental Conservation
Department of Health
Local building department

If there’s no state or local building code to cover a specific situation, what code must the builder abide by?
The Builder Code of 1912
The builder’s own code
The Development Code of 1986
The federal building code

In which of the following situations can the state use its power of escheat?
A person died, and their three children are upset because their estate isn’t large enough to settle all of their debts.
A person died with no will, and his son lives overseas.
A person died with no will, no heirs, and no debt.
A person passed away with no children and no debt, other than $83,000 left on their mortgage.

The state took possession of a farm when the owner passed away because the owner did not have a will or any heirs. What right did the state exercise?
Condemnation
Eminent domain
Escheat
Inverse condemnation

Which of the following is a true statement about building code regulations?
If there’s no state or local building code to cover a situation, the national code applies.
States have the authority to change national building code requirements.
The building code provides the maximum standards for buildings.
When state and federal building codes conflict, the less strict code prevails.

Police power is the government’s authority at what level(s)?
At any level
Federal only
Local only
State only

A developer obtained a permit that they must post on the job site. Which entity inspects the various phases of the developer’s work and signs off on the permit?
Appraisers
Building department inspectors
Other builders
The plumber’s union

The state’s claim to property when a property owner dies, leaving no will, heirs or creditors, is the power of ______.
Condemnation
Eminent domain
Escheat
Taking

What process is used when the government takes a property using the power of eminent domain?
Condemnation
Encroachment
Encumbrance
Escheat

______ is the power of the government to take private land for public use.
Eminent domain
Encumbrance
Escheat
Foreclosure

Local authorities lack police power over which of the following?
Budgeting
Federal government construction projects
Subdivision development
Zoning

Which statement describes the purpose of the Interstate Land Sales Full Disclosure Act?
To help state governments control growth.
To increase special assessments in areas of development.
To protect consumers from fraudulent purchases.
To provide consistent laws for real estate licensees who work in more than one state.

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.

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

How does a building department authorize the construction of a building according to local building codes?
By amending zoning ordinances
By conducting an environmental study
By issuing a building permit
By levying a special assessment

A town has built a new city courthouse. The construction caused a landslide, which buried most of a homeowner’s farmland; now it can no longer be used for farmland. The homeowner is bringing an action against the city for their property loss. What is this an example of?
Condemnation
Eminent domain
Foreclosure
Inverse condemnation

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

Which act prevents the fraudulent sale of property sight unseen through the regulation of land sales across state lines?
Interstate Land Sales Full Disclosure Act
Intrastate Citizens Protection Act
Police Power Act
Subdivision Act of 1997

When government regulation causes a land owner’s property to decrease in value, it’s called ______.
Condemnation
Eminent domain
Escheat
Inverse condemnation

Requirements for the disposal and drainage of wastewater and sewage are likely part of the ________ with which the renovators must comply.
Building code
Deed restriction
Safety laws
Zoning regulation

19sect.unit3.CeSh.PreLic.Qonly.txt

Which type of zoning classification is used for areas that are undeveloped or are used to raise animals or plants?
Agricultural
Commercial
Industrial
Residential

A developer wants to turn a 20-acre parcel of land in a residential zoning area into condominiums. The town is considering rezoning that parcel to allow the development because the developer plans to include a public park and walking trail. What kind of zoning is this?
Aesthetic zoning
Downzoning
Incentive zoning
Spot zoning

Which type of zoning classification regulates the intensity of use in an area that has retail shops and other similar businesses?
Agricultural
Commercial
Industrial
Residential

What’s the definition of a group home?
A facility where unrelated adults live
A home that’s grouped closely to other dwellings
An institution, such as a prison or mental health facility
Any multi-family dwelling

FAR, or floor area ratio, includes ______.
All of the habitable structures on a lot
All structures, including habitable structures and parking structures, but not parking lots
None of the habitable structures on a lot
The area within parking lots or parking structures

Which of the following is true about a variance?
It involves eminent domain.
It’s a use that was in place when the zoning ordinance was enacted.
It’s temporary.
To obtain it, the owner must show hardship.

Which of the following statements is true about zoning classifications?
A property that’s zoned residential may be either single-family or multi-family.
A residential property may only have one use.
Condos are always commercial property.
Multi-family housing is zoned commercial.

Which type of zoning classification regulates the intensity of use in an area that typically includes warehouse and manufacturing?
Agricultural
Commercial
Industrial
Residential

You’re on a planning board that’s discussing how to keep the city more livable by reducing building density. The subject of bulk zoning comes up. What is your response?
“That applies to commercial areas only.”
“That’s a great way to meet our objectives.”
“That’s crazy. We’re trying to reduce density, not increase it.”
“That will work for residential areas, but what about commercial?”

Which of the following is the Sunshine Law based on?
The First Amendment
The Freedom of Information Act
The Sarbanes-Oxley Act
The SPEECH Act

Which zoning type is used to regulate an area’s population density?
Agricultural
Commercial
Industrial
Residential

Which of the following actions likely requires a variance?
A change in architectural style
A garage repair
An addition which alters the setback
A remodel involving a different internal layout

What’s the difference between a special use permit and a variance?
A special use permit allows a deviation from the requirements of the zoning ordinance; a special use permit is the temporary use of another’s property.
A variance allows a deviation from the requirements of the zoning ordinance; a special use permit allows a use not ordinarily allowed in the zone.
A variance is temporary; a special use permit is permanent.
A variance relates to building height only; a special use permit can relate to building height, use, or setback.

One area of town has maximum building height requirements and setbacks for the front, side, and rear yards. These requirements are all indicative of ______.
Bulk zoning
Commercial zoning
Density zoning
Residential zoning

What purpose does bulk zoning serve?
It homogenizes the look of the area.
It keeps similar races together.
It provides increased density.
It restricts building density.

What’s one of the ways that bulk zoning achieves its objectives?
Through minimum height requirements
Through minimum parking space requirements
Through monitoring architectural style
Through setbacks

What is the difference between a variance and a special use permit?
A special use permit is permanent, whereas a variance is temporary.
A special use permit requires a show of hardship; a variance doesn’t.
A variance is permanent, whereas a special use permit is temporary.
A variance requires a show of hardship; a special use permit doesn’t.

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