Land Use & ZoningIntermediateAlabama Exam
A 'taking' under the Fifth Amendment of the U.S. Constitution refers to:
AThe arrest of a property owner for code violations, which is the standard approach used
BGovernment acquisition of private property for public use, requiring just compensationCorrect
CA lender foreclosing on mortgaged property
DA tax sale of property for unpaid taxes
Why Government acquisition of private property for public use, requiring just compensation Is Correct
Answer B: Government acquisition of private property for public use, requiring just compensation
The Fifth Amendment's Takings Clause prohibits the government from taking private property for public use without paying just compensation to the owner.
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- Which government right allows Alabama to take private property for public use with just compensation?Property Ownership
- In Alabama, the taking of private property for public use under eminent domain requires:Land Use & Zoning
- The process by which the government acquires private property through prolonged unauthorized government use, requiring no compensation, is called:Land Use & Zoning
- In a mortgage, the clause that prevents the borrower from conveying the property without paying off the loan is the:Finance
- When a local government acquires private land through eminent domain, the process is called:Land Use & Zoning
- When property is taken by the government through eminent domain, the owner is entitled to:Land Use & Zoning
Key Terms to Know
Eminent Domain
The 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.
Private Mortgage Insurance (PMI)Insurance required by lenders on conventional loans with less than 20% down payment, protecting the lender — not the borrower — against default.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
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