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Exam 24: Real Property and Environmental Law

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Question 31

Multiple Choice

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Jack owns the surface rights for Rocky Ridge Ranch, but does not own the subsurface rights. Ginny owns the subsurface rights. Rocky Ridge Ranch has a historic barn, which is damaged when Ginny is excavating minerals from the ranch. Who is most likely responsible for the damage to the barn?

A) Ginny only
B) Jack only
C) Ginny and Jack
D) no one

E) C) and D)
F) A) and D)

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Question 32

True/False

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There are no plans to develop national standards regulating the fuel economy and emissions for medium- and heavy-duty trucks.

A) True
B) False

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Question 33

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The implied warranty of habitability does not apply to substantial physical defects that a landlord has had a reasonable time to repair.

The Environmental Protection Agency has concluded that greenhouse gases, including carbon dioxide emissions, do not constitute a public danger.

Metro City operates its own municipal public drinking water system for which the Environmental Protection Agency has set maximum levels of pollutants. Metro does not use any equipment to meet these standards. With regard to any contamination of the water, under the Safe Drinking Water Act, this is most likely

Cow Country Corporation (CCC) sells half of its land to the Double R Ranch. On the land is a reservoir. In the deed, CCC retains the right to remove a lim?ited amount of water per day from the res?ervoir. This right is

NuTown Construction, Inc., wants to build a parking ramp to connect to its NuTown Mall, both of which are on private land. For this action, an environmental impact statement is

Dora leases a house from Evan for a two-year term. To ensure the valid?ity of their lease, it should include

Jacob owns five acres of land in northern California. On his land Jacob has a house and a toolshed. There are ten large maple trees around the house that were there when Jacob bought the land. Since buying the land, Jacob has planted an apple tree. Jacob's real property includes

Green River Energy Corporation wants to begin operations that include the discharge of waste into navi?gable waters. Under the Clean Water Act, Green River must install certain equipment

Marshall owns a piece of land, but James owns the mineral rights to Marshall's land. James wishes to sell the mineral rights. James

The operations of Metal Refining Industries, Inc., are major sources of air pollu?tion. These operations must use

Under the covenant of quiet enjoyment, a landlord promises that a ten?ant will not be disturbed in the possession of the premises.

The owner of a fee simple absolute has the right to use property for whatever purpose he or she sees fit.

Rural Electric Company submits a bid to build a dam on federal land as part of a federal project. For this action, an environmental impact state?ment is most likely

Fact Pattern 24-1 (Questions 8-10 apply) Nika owns land in Ohio. Her ownership rights include the right to sell or give away the property without restriction, and the right to commit waste, if she chooses. -Refer to Fact Pattern 24-1. Nika's ownership interest is

In a fee simple absolute, the owner has the greatest aggregation of rights, privileges, and power possible.

It is a violation of federal law to destroy or deface any labeling required on a pesticide or herbicide.

A barge owned by Oceanic Shipping Company discharges some of the oil contained in its hold into the sea and onto the shore. Under the Oil Pollution Act, this is most likely

A license is the revocable right of a person to come onto another person's land.