Restrictive covenant will still be enforced

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Reference no: EM133855597

Question

1. A restrictive covenant will still be enforced if:

(a) the neighborhood has changed drastically.
(b) it is more restrictive than the zoning ordinance.
(c) it contains racial restrictions.
(d) all of the above.

2. Federal and state governments use three methods to acquire privately owned land. Which of the following is not one of them?

(a) Escheat.
(b) Dedication.
(c) Zoning.
(d) Condemnation.

3, In order for a variance to be granted, there must be proof that:

(a) the variance will not change the neighborhood's essential character.
(b) the hardship caused by the zoning ordinance is unique to the property in question and does not affect other property in the same area.
(c) the property was used for a nonconforming purpose when the zoning ordinance was enacted.
(d) all the above.
(e) two of the above. (a and b)

4. Unlike the government's actual physical taking of land, a government does not have to pay damages when there is no physical taking.

True or False

5. A restrictive covenant may not establish a more limited use of land than allowed by a zoning ordinance.

True or False

6. A lawful business cannot be declared a public nuisance.

True or False

7. The term "police power" is normally used to describe attempts by the police to form unions.

True or False

8. Under what circumstances, if any, can you recover lost profits when the government takes your land?

9. There are 2 types of change in neighborhoods that might make a restrictive covenant no longer enforceable. Please describe those 2 types of changes.

10. What happened in the SC Lucas case discussed in the lecture? You can google it on line and learn more if you would like SC v Lucas.

11. In Van Blarcum v NMB, there was a question as to whether dedication occurred. What type of dedication did the SC Appellate court rule occurred and give facts to support each of the elements of this dedication?

12. In the Vick v SC Department of Transportation the court ruled that no dedication occurred. Why did the court rule this way and what two types of implied dedication does SC recognize?

Reference no: EM133855597

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