URP3000 Exam 2 With Complete
Solution
Property - ANSWER Any object or right that can be owned.
Personal Property - ANSWER Movable (ex. car, animals, cellphone).
Real Property - ANSWER Land or anything tied to the land.
Real Property Rights - ANSWER *Pleasure and profitable use:
-Right to build on or above land
-Right to till the land and reap the benefits
-Right to exploit subsurface minerals
-Exclusion
-Right to dispose of land
*Duties of the land owner:
-Paying taxes
-Refraining from creating a nuisance
-Conform to local, state, and federal laws (zoning,
ordinances, subdivisions, building codes)
Police Power - ANSWER The inherent right of government to protect the
,health, safety, and welfare of its citizens.
Eminent Domain - ANSWER Inherent right of government to condemn
private property for public use with just compensation. Regulations need to
be rational, reasonable, and advance legitimate government purpose.
Rational Nexus - ANSWER Requires there be a logical connection to a cause
and effect
Fifth Amendment - ANSWER "Nor shall private property be taken for public
use, without just compensation."
Fourteenth Amendment - ANSWER No person shall be deprived of "life,
liberty, or property without due process of law."
*Makes 5th Amendment applicable at the state level
*Makes sure government acts in a fair manner
"Taking" - ANSWER Requires just compensation but also must be for a
rational governmental use.
, Direct "Taking" - ANSWER The government states that they are "taking" the
land and will provide just compensation.
Indirect "Taking" - ANSWER Government doesn't admit to a "taking" but
implements a new regulation that diminishes the value of the property and
the landowner must seek compensation from the court.
Dillon's Rule - ANSWER Substate units have only those powers delegated to
them by the state; "creatures of the State."
Home Rule - ANSWER Substate units have any power that is not forbidden
by the state.
Externalities - ANSWER The cost or benefit that affects a party who did not
choose to incur that cost or benefit; unforeseen or unpredictable
circumstances that affect a community in a positive or negative way.
Example of a Negative Externality - ANSWER A community grants a rezoning
that enables a shopping center development to obliterate a wetland, the
present community gains employment opportunities but the adjacent
community downstream (absent from the decision-making process)
experiences severe flooding because of the new shopping center.
Solution
Property - ANSWER Any object or right that can be owned.
Personal Property - ANSWER Movable (ex. car, animals, cellphone).
Real Property - ANSWER Land or anything tied to the land.
Real Property Rights - ANSWER *Pleasure and profitable use:
-Right to build on or above land
-Right to till the land and reap the benefits
-Right to exploit subsurface minerals
-Exclusion
-Right to dispose of land
*Duties of the land owner:
-Paying taxes
-Refraining from creating a nuisance
-Conform to local, state, and federal laws (zoning,
ordinances, subdivisions, building codes)
Police Power - ANSWER The inherent right of government to protect the
,health, safety, and welfare of its citizens.
Eminent Domain - ANSWER Inherent right of government to condemn
private property for public use with just compensation. Regulations need to
be rational, reasonable, and advance legitimate government purpose.
Rational Nexus - ANSWER Requires there be a logical connection to a cause
and effect
Fifth Amendment - ANSWER "Nor shall private property be taken for public
use, without just compensation."
Fourteenth Amendment - ANSWER No person shall be deprived of "life,
liberty, or property without due process of law."
*Makes 5th Amendment applicable at the state level
*Makes sure government acts in a fair manner
"Taking" - ANSWER Requires just compensation but also must be for a
rational governmental use.
, Direct "Taking" - ANSWER The government states that they are "taking" the
land and will provide just compensation.
Indirect "Taking" - ANSWER Government doesn't admit to a "taking" but
implements a new regulation that diminishes the value of the property and
the landowner must seek compensation from the court.
Dillon's Rule - ANSWER Substate units have only those powers delegated to
them by the state; "creatures of the State."
Home Rule - ANSWER Substate units have any power that is not forbidden
by the state.
Externalities - ANSWER The cost or benefit that affects a party who did not
choose to incur that cost or benefit; unforeseen or unpredictable
circumstances that affect a community in a positive or negative way.
Example of a Negative Externality - ANSWER A community grants a rezoning
that enables a shopping center development to obliterate a wetland, the
present community gains employment opportunities but the adjacent
community downstream (absent from the decision-making process)
experiences severe flooding because of the new shopping center.
