REE3433 EXAM 4 QUESTIONS
WITH CORRECT ANSWERS
The following applies with respect to the concept that a state holds a resource that is
available for the free use of the general public: - Answer-The public trust doctrine
Under eminent domain, the most important issue facing modern courts is whether: -
Answer-There has been a taking
What activities contribute to water pollution? - Answer-All of the above
-Washing a car on a concrete driveway
-Not picking up feces from a dog
-Using pesticides in a garden
The water supply of New York city comes from bodies of water located: - Answer-In
upstate New York where there is Farmland
Robin and Patrick live in a community in Orlando called Winding Ridge. The Winding
Ridge Community Association has CC&Rs requiring the landscaping to be in well-
groomed condition. Robin and Patrick move away for the summer and spend four
months in Paris. Nobody takes care of Robin and Patrick's home while they are away
and it begins to look overgrown and unsightly. Layla lives next door to Robin and
Patrick. What statement is true? - Answer-The Home Owners Association can clean-up
Robin and Patrick's property and bill the couple for the work, and place a lien on the
property if the couple does not pay the bill.
T/F:
Peter owned contaminated land but he had only deposited a very small amount of non-
toxic contaminants on the land. Under CERCLA's "de minimus" defense, he will not
have to pay for any of the cleanup - Answer-False
T/F:
Under CERCLA, mortgage lenders today no longer dare to foreclose on contaminated
real estate since they will always become a responsible party for cleanup. - Answer-
False
T/F:
Under the National Environmental Policy Act, private developers are required to file
environmental impact statement ("EIS"): - Answer-False
, T/F:
Under the Clean Air Act, rights to "pollute" can be sold/traded: - Answer-True
T/F:
An innocent purchaser of land will not be held liable for environmental cleanup if he first
conducts a due diligence environmental review. - Answer-True
T/F:
In order to have standing, a person must prove that he individually suffered an
economic injury. - Answer-True
T/F:
In exclusionary zoning cases, all courts have decided that the zoning laws in question
are valid for ecological or environmental reasons. - Answer-False
Federal and state governments use three methods to acquire privately owned land.
Which of the following is not one of them? - Answer-Zoning
T/F:
A restrictive covenant may establish a more limited use of land than allowed by a zoning
ordinance. - Answer-True
A restrictive covenant will still be enforced if: - Answer-it is more restrictive than the
zoning ordinance.
T/F:
Generally, a covenant not to compete is a clause in a lease stating that other tenants
shall not engage in a certain business similar to the business of the tenant in the lease
at hand. - Answer-True
T/F:
Christine was living in a house for several years prior to the time Sadie moved into the
house next door. After a year of living there, Sadie put up a fence on her side yard
bordering Christine's yard on what Sadie truly thought was the correct boundary for her
property. After 25 years, Christine was selling her property and the purchaser hired a
surveyor, only to find out that Sadie's fence encroached on to Christine's property by
five feet. In most states, Sadie can now claim the five foot strip of land by adverse
possession - Answer-True
Hank entered Polly's store to purchase a bottle of wine. Hank sought and was granted
permission to drink from a drinking fountain in a restricted area of the store. After
drinking from the, fountain, Hank entered another, separate restricted area. Hank is: -
Answer-a trespasser.
T/F:
WITH CORRECT ANSWERS
The following applies with respect to the concept that a state holds a resource that is
available for the free use of the general public: - Answer-The public trust doctrine
Under eminent domain, the most important issue facing modern courts is whether: -
Answer-There has been a taking
What activities contribute to water pollution? - Answer-All of the above
-Washing a car on a concrete driveway
-Not picking up feces from a dog
-Using pesticides in a garden
The water supply of New York city comes from bodies of water located: - Answer-In
upstate New York where there is Farmland
Robin and Patrick live in a community in Orlando called Winding Ridge. The Winding
Ridge Community Association has CC&Rs requiring the landscaping to be in well-
groomed condition. Robin and Patrick move away for the summer and spend four
months in Paris. Nobody takes care of Robin and Patrick's home while they are away
and it begins to look overgrown and unsightly. Layla lives next door to Robin and
Patrick. What statement is true? - Answer-The Home Owners Association can clean-up
Robin and Patrick's property and bill the couple for the work, and place a lien on the
property if the couple does not pay the bill.
T/F:
Peter owned contaminated land but he had only deposited a very small amount of non-
toxic contaminants on the land. Under CERCLA's "de minimus" defense, he will not
have to pay for any of the cleanup - Answer-False
T/F:
Under CERCLA, mortgage lenders today no longer dare to foreclose on contaminated
real estate since they will always become a responsible party for cleanup. - Answer-
False
T/F:
Under the National Environmental Policy Act, private developers are required to file
environmental impact statement ("EIS"): - Answer-False
, T/F:
Under the Clean Air Act, rights to "pollute" can be sold/traded: - Answer-True
T/F:
An innocent purchaser of land will not be held liable for environmental cleanup if he first
conducts a due diligence environmental review. - Answer-True
T/F:
In order to have standing, a person must prove that he individually suffered an
economic injury. - Answer-True
T/F:
In exclusionary zoning cases, all courts have decided that the zoning laws in question
are valid for ecological or environmental reasons. - Answer-False
Federal and state governments use three methods to acquire privately owned land.
Which of the following is not one of them? - Answer-Zoning
T/F:
A restrictive covenant may establish a more limited use of land than allowed by a zoning
ordinance. - Answer-True
A restrictive covenant will still be enforced if: - Answer-it is more restrictive than the
zoning ordinance.
T/F:
Generally, a covenant not to compete is a clause in a lease stating that other tenants
shall not engage in a certain business similar to the business of the tenant in the lease
at hand. - Answer-True
T/F:
Christine was living in a house for several years prior to the time Sadie moved into the
house next door. After a year of living there, Sadie put up a fence on her side yard
bordering Christine's yard on what Sadie truly thought was the correct boundary for her
property. After 25 years, Christine was selling her property and the purchaser hired a
surveyor, only to find out that Sadie's fence encroached on to Christine's property by
five feet. In most states, Sadie can now claim the five foot strip of land by adverse
possession - Answer-True
Hank entered Polly's store to purchase a bottle of wine. Hank sought and was granted
permission to drink from a drinking fountain in a restricted area of the store. After
drinking from the, fountain, Hank entered another, separate restricted area. Hank is: -
Answer-a trespasser.
T/F:
