Legal Environment of Real Estate
Instructions: These questions are based on the readings and topics discussed in class. Full credit will be awarded to complete answers that thoughtfully and specifically analyze reference and discuss provisions of the readingsand class discussion. Please answer each section of the full question.
1. (i) What was the question on certiorari to the U.S. Supreme Courtin TheVillage of Euclid Ohio v. Ambler Realty?
(ii) What was the Supreme Court's holding (decision) in TheVillage of Euclid Ohio v. Ambler Realty?
(iii) Explain, with reference to the case, why this holding was novel (a new idea).
2. (i) Explain what you think about theVillage of Euclid holding.
(ii) Explain what John Locke would think about the Village of Euclidholding.
3. Explain what the Supreme Court means in the Village of Euclid when the Court says "a degree of elasticity is thus imparted... to the application of constitutional principles."
4. What was the question on certiorari that the U.S. Supreme Court considered in the Kelo case? (hint, find this in the text of the case)
5. What was the U.S. Supreme Court holding (ruling) in the Kelo case?
6. Do you agree with the U.S. Supreme Court's holding in Kelo? Explain why or why not, with reference to the readings.
7. Do you think John Locke would agree with the U.S. Supreme Court's holding in the Kelo. Explain the reasoning for your answer with specific reference to the readings.
8. Explain the impact of theKelo holding (i) in states around the nation; (ii) in Florida and (iii) in New London Connecticut.
9. How Miami 21's zoning regulations different than the City of Miami's Zoning regulations?
10. Explain what John Locke would think about Miami 21 Zoning?(support your answer with references from the text)
11. Explain the difference between Euclidean Zoning and Form Based Zoning.
12. Do you think it's fair that if you own one acre in a part of a City zoned for high density that you could build more units per acre than you could build if you own one acre in a part of a City zoned for low density?
13. What is the purpose of zoning? Is it just to bother the Developer?
14. Would you check the zoning on a piece of property you were to buy before you buy it? Why?