REE 3433 Quiz Review Questions with Correct Answers
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Course
REE 3433
Institution
REE 3433
REE 3433 Quiz Review 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.
Even though restrictive covenants are agreements made among priv...
REE 3433 Quiz Review 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.
Even though restrictive covenants are agreements made among private parties, they
can still violate the U.S. Constitution and some covenants, especially in older
documents, are simply not enforceable. - Answer-True
A nonconforming use is different from a variance. - Answer-True
In eminent domain cases, just compensation is considered the fair market value of the
property being taken. - Answer-True
When are CC&Rs are used?
a. in the development of shopping centers.
b. upon formation of PUDs
c. by HOAs
d. all of the above - Answer-d. all of the above
In exclusionary zoning cases, all courts have decided that the zoning laws in question
are valid for ecological or environmental reasons. - Answer-False
Under common law dedication, dedicated land is given to private individuals. - Answer-
False
Unlike the government's actual physical taking of land, a government does not have to
pay damages when there is no physical taking. - Answer-False
A due diligence environmental review typically involves a review of the public records,
interviews and questionnaires with those familiar with the area, a visit to the site, and an
analysis of any environmental records possessed by the seller. What is the name of this
review? - Answer-Phase 1
A public nuisance might, in some instances, also be a private nuisance. - Answer-True
Generally a court may substitute its opinion for that of an agency, so long as the
"ripeness" requirement is met. - Answer-False
, Herington Shoes, Inc., a giant shoe manufacturer, sold its land to Naylor Appliances,
Inc. The land was later found to be highly contaminated with harmful chemicals.
Herington, Inc, however, had sold the land to Naylor, Inc. "AS IS" with a provision that if
there are any cleanup costs, Naylor would have to pay for them entirely and would hold
Herington harmless for any of the costs. Eventually, Naylor Appliances went out of
business and filed for bankruptcy. The EPA is now pursuing Herington Shoes, and no
other party, for the cleanup costs. In this situation: - Answer-???
A. Herington is still responsible because the "AS IS" provision does not affect the EPA's
rights.
B. Herington is responsible for only its share of the contamination.
C. Herington is responsible only if the EPA can prove it had intentionally dumped the
contaminants.
Under the EPA's "bubble concept":
a. factories that keep their air pollution under established limits may receive "pollution
credits," which they can sell.
b. individual factories in the bubble may exceed emission levels of air pollution as long
as all the factories in the bubble do not exceed acceptable levels.
c. two of the above (a and b) - Answer-c. two of the above (a and b)
In order to obtain court review, a person must always exhaust all administrative
remedies first. - Answer-False
Under CERCLA, a past owner of contaminated properties is a responsible party for
cleanup costs. - Answer-True
What is a watershed? - Answer-varies - can be river, stream, ocean or bay
Jason and Sonny were at a cocktail party. Suddenly, Luis walked up to Sonny and said,
"You set fire to my warehouse" and punched him on his face. Sonny can sue under the
theory of: - Answer-intentional tort
The same activity can result in liability under trespass, nuisance or strict liability
theories. - Answer-True
A person has the right to engage in certain criminal activities in the privacy of her own
home, depending upon state law. - Answer-True
A traveling salesman who calls upon a homeowner to sell his wares would be initially be
considered an invitee. - Answer-False
If a landowner is aware that a trespasser is on the property most states require only that
he exercise reasonable care in making sure the trespasser is not injured. - Answer-True
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