EnvironmentalIntermediateArizona Exam

Saguaro cacti in Arizona are relevant to real estate development because:

AThey are listed as an endangered species under the federal Endangered Species Act, triggering mandatory consultation with U.S. Fish and Wildlife Service before development

BThey are protected under Arizona law and may need to be transplanted rather than destroyed during developmentCorrect

CThey are classified under Arizona law as state minerals protected only when located on land owned by the Arizona State Land Department

DThey are protected under Maricopa County ordinance only, with no statewide protection for saguaro cacti located on private land outside Maricopa County

Why They are protected under Arizona law and may need to be transplanted rather than destroyed during development Is Correct

Answer B: They are protected under Arizona law and may need to be transplanted rather than destroyed during development

Saguaro cacti are protected under Arizona's Native Plant Law. Developers typically cannot destroy them; they must be transplanted, sold to licensed nurseries, or a permit obtained.

Exam Tip: Environmental

Environmental questions test knowledge of hazards like asbestos, lead-based paint, radon, and mold. Know the disclosure requirements and when a professional inspection is required. CERCLA liability is strict, joint, and several.

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Key Terms to Know

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.