Exam 49: Environmental Law and Land Use Controls

Groups such as NIMBYs (not in my backyard) have become active in challenging nuisances, everything from cell phone towers to wind turbines.

Which of the following statements is correct concerning restrictive covenants?

The zoning power permits any regulation that is conducive to advancing public health, welfare, and safety.

The Jarvis family owned its land for more than 150 years. The Jarvis family traditionally farmed the land and for that purpose maintained farm animals. As years passed, most of the surrounding farms were sold by the owners and the area turned out to be a close-in suburb of a major city. A zoning ordinance was passed that prohibited maintaining a barn or farmyard animals on the land. The Jarvis family was advised that they were unaffected by this ordinance because theirs would be considered a nonconforming use. The members of the Jarvis family lost interest in farming and sold off all their animals. Seven (7) years later, a family member desired to raise a few pigs on the property. Angry neighbors asserted that the family has lost the right to do so. What is your opinion?

Spot zoning may result in such inequality as to be condemned by the courts.

The EPA's highest standard to regulate conventional water pollutants is the best available treatment (BAT) standard.

Which federal agency is most often authorized to adopt standards and regulations to carry out the provisions of environmental statutes?

Due diligence usually consists of searching public records and inspecting the land.

A right to a nonconforming use of land cannot be lost through abandonment.

Solid waste disposal regulations today deal almost entirely with recycling.

It is probable that a zoning variance would be granted:

A civil nuisance may be terminated by abatement or closure by government authority, while a criminal nuisance is not subject to such action.

Real estate developers often place __________ on subdivisions that obligate the buyers to honor limitations in their use of their property, the nature of buildings that will be maintained or constructed on the land.

The Noise Control Act sets the standards for lawn mowers, automobiles, and other devices often found in suburban neighborhoods.

The Resource Conservation and Recovery Act (RCRA) regulates the disposal and dumping of potentially harmful substances through a permit system using federal grants to encourage the restoration of damaged resources.

If any uncertainty exists in the interpretation of a restrictive covenant, the covenant will be construed strictly in favor of the free use of the land.

The Clean Air Agency was authorized by Congress to establish national air quality standards and see that the states developed plans for the implementation of those standards.

Both companies and their employees are subject to criminal penalties for violations of federal environmental laws.

The bubble concept:

Valid restrictive covenants will bind future owners of the land if: