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week 11 Exam
policy exam 2
Question | Answer |
---|---|
1. In its pure, most philosophical sense, what is land? | a portion of the Earth’s surface and all the rights and privileges annexed to it. Its reach is from the center of the earth upward to infinity. |
2. Differentiate among property, rights and privileges. | Property- something to which a person has legal title. You have title to rights and privileges of use of Earth’s surface. Rights |
3. Discuss the concept of bundle of rights. | right to: Buy, sell, bequeath minerals, water rights withheld: power to tax, eminent domain, police powers ... |
4. Three types of “land ownership” have been practiced in the US. Discuss the origin and impact of each. | Concept of private ownership of property Concept formalized in Ordinance of 1787 (NW Territories) Fee simple: “. . .the grantor retains no residual control over land conveyed and the grantee may sell, devise, or bequeath his real property w/out restraint |
5. What is “fee simple” ownership and how was the concept developed? | |
6. Who was John Locke? | |
7. Who was Adam Smith? | |
8. By definition, what is eminent domain? | |
9. What is the constitutional basis for the exercise of eminent domain? | |
10. What are the four “standard” criteria that must be satisfied in the exercise of eminent domain? | |
11. Eminent domain is associated with the concept of “takings.” “Takings” is also used in legislation such as the Threatened and Endangered Species Act. What is the difference in the two meanings of “takings”? | |
12. Explain what the idea of “zoning” means. | |
13. “Less-than-fee” or “easement” transactions are fairly common in the United States. What does that mean? | |
14. Describe the landownership pattern in the United States. | |
15. We used 6 eras or period of time, as suggested by Clawson and Held, to discuss land policy in the United States. What were they? | |
16. Exactly, what is the Public Domain? | |
17. “Acquisition” of the Public Domain was the first land policy in the U. S. From whom was the Public Domain acquired? | |
18. Discuss the planning process used to acquire and later dispose of the Public Domain. Include: sitting president of the U.S. who assembled the “Blue Ribbon Commission,” the Chair of Commission, meeting, and the criteria to accomplish goals Commission. | |
19. What is the difference, if any, between the Public Domain and Public Lands? | |
20. Where is most of the Public Domain located today? | |
21. I looked on a 2007 edition of a map of the United States published by the National Geographic Society and could not locate anything labeled “Public Domain.” For what should I have been looking? | |
22. Two land surveying systems have been used in the United States. Name and explain each. | |
23. Why was adoption of the rectangular system important? | |
24. The second land policy of the United States was to dispose of the Public Domain. How much of it was eventually disposed and what was the outcome of the disposition? | |
25. In disposing of the Public Doman, two of the motivating factors were: get the land into private ownership, and increase westward expansion. How was that accomplished? | |
26. Discuss the impact of land grants on the public educational system of the nation. | |
27. The third land policy was to reserve part of the remaining Public Domain. What were the public needs given to justify such a change in policy? Did this fit into the plan of the Blue Ribbon Commission mentioned in Question 18? | |
28. To which of the public needs was “territorial waters” related? Discuss the evolution of the concept of territorial waters from it origin to the present including how territorial waters relates to renewable natural resources. | |
29. What are navigable waterways, and what is their significance? You may use a present day example to enhance your answer. | |
30. Trans. and Infra. Committee of the US HR, “Clean Water Restoration Act,” on 8/18/07. Issue, amending the Federal Water Pollution Act by replacing the words “navigable waters” with the term “waters of the U.S.” What is the impact of such a change? |