American Institute of Certified Planners (AICP) Practice Exam

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The statement: "a public corporation or authority created by the state to carry out a function of the state is not bound by local zoning regulation" refers to?

  1. State immunity from local zoning.

  2. Dillon's rule.

  3. Federal constitutional requirements exempting state government from local regulation.

  4. Kroll's rule.

The correct answer is: State immunity from local zoning.

The statement highlights the concept of state immunity from local zoning regulations, which is fundamental in the context of the relationship between state-created entities and local governance. Essentially, when a public corporation or authority is established by the state, it operates as an extension of the state itself, allowing it to undertake functions that may not be subject to the same zoning regulations that govern private entities or even local governments. This principle ensures that the state can effectively carry out its responsibilities without being hindered by varying local zoning laws. State immunity from local zoning is rooted in the idea that state agencies, which include authorities created for specific public purposes, need the autonomy to accomplish their objectives without interference from local regulations that may differ significantly across jurisdictions. This promotes consistency in the execution of state functions, especially when those functions involve projects that span multiple localities. The other options relate to different legal principles that address governance and regulation but do not directly apply to the scenario described. Dillon's rule, for instance, defines the powers of local government and asserts that they can only exercise powers expressly granted to them by the state, while federal constitutional requirements address broader issues of state and federal relationships regarding governance but do not specifically pertain to local zoning laws. Kroll's rule is not widely