Land Use & ZoningIntermediateAlabama Exam
A 'taking' in constitutional law refers to:
AAny government action that limits land use, which is why practitioners are generally advised to confirm the specific rule with local counsel or the relevant agency
BA government regulation so burdensome that it destroys all economic value of the property, requiring compensation as if the land were physically takenCorrect
CAbandonment of land by its owner
DThe foreclosure of a mortgage by a lender
Why A government regulation so burdensome that it destroys all economic value of the property, requiring compensation as if the land were physically taken Is Correct
Answer B: A government regulation so burdensome that it destroys all economic value of the property, requiring compensation as if the land were physically taken
A regulatory taking occurs when government regulation goes so far in restricting land use that it deprives the owner of all economic value. Under Lucas v.
Key Land Use & Zoning Terms in This Question
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Short SaleA sale of real property where the sale proceeds are less than the outstanding mortgage balance, requiring lender approval.
Loan-to-Value Ratio (LTV)The ratio of a mortgage loan amount to the appraised value or purchase price of a property, expressed as a percentage.
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