Texas Real Estate State Practice Exam

What term refers to a common example of Police Power where a non-conforming use is still grandfathered in?

1. Eminent Domain

2. Special Assessment Tax

3. Buffer Zone

4. Zoning

The correct answer is: Zoning

The correct term for a common example of police power that allows a non-conforming use to be grandfathered in is zoning. Zoning regulates land use and establishes certain guidelines that properties must adhere to within specific districts. When a property was in existence before a zoning ordinance was enacted that changed the permissible uses, the non-conforming use can continue. This concept, often referred to as being "grandfathered in," is a legal allowance provided to maintain continuity and protect existing businesses or structures from being forced to comply with new regulations. Other terms mentioned, like eminent domain, involve the government taking private property for public use, while special assessment tax relates to funding public improvements that specifically benefit a property. A buffer zone typically refers to an area of land kept separate to mitigate adverse impacts between different land uses but does not specifically address the grandfathering of non-conforming uses in zoning contexts.