Freehold
Study guide
Land use questions divide into public controls — zoning under police power, variances, nonconforming uses, and eminent domain — and private controls like restrictive covenants and deed restrictions. The exam's favorite distinction: zoning requires no compensation, eminent domain does. Know when a variance applies versus a conditional use permit, what makes a use legally nonconforming, and that the stricter rule wins when zoning and a covenant conflict.
Key vocabulary: Land Use Controls glossary (22 terms)
Every Freehold question shows why the right answer is right — and cites its source.
Local governments derive the authority to enact zoning ordinances from which government power?
Police power — Police power is the government's authority to regulate land use to protect public health, safety, and welfare. Zoning, building codes, and subdivision regulations all rest on this power, and no compensation is owed.
Source: PSI National Real Estate Exam Content Outline §2 Land Use Controls
A property owner whose oddly shaped lot cannot meet the setback requirement would apply for which form of zoning relief?
A variance — A variance permits a deviation from a specific zoning requirement when strict enforcement would cause undue hardship because of the property's unique physical characteristics. It does not change the underlying zoning.
Source: PSI National Real Estate Exam Content Outline §2 Land Use Controls
A small grocery store lawfully operating before the area was rezoned residential may continue to operate as a:
Legal nonconforming use — A use lawfully established before a zoning change may continue as a legal nonconforming use, often called grandfathering. The protection typically ends if the use is abandoned, expanded, or destroyed.
Source: PSI National Real Estate Exam Content Outline §2 Land Use Controls
The legal process by which government exercises its power of eminent domain is called:
Condemnation — Condemnation is the legal proceeding used to exercise eminent domain, allowing government to take private property for public use upon payment of just compensation as required by the Fifth Amendment.
Source: PSI National Real Estate Exam Content Outline §2 Land Use Controls
A recorded subdivision restriction limiting all lots to single-story homes is an example of:
A restrictive covenant that runs with the land — Restrictive covenants are private land-use controls created in deeds or subdivision declarations. When properly recorded they run with the land, binding all future owners regardless of later sales.
Source: PSI National Real Estate Exam Content Outline §2 Land Use Controls