Land Use & ZoningIntermediateArizona Exam

A 'regulatory taking' in Arizona occurs when:

AAny government regulation that reduces the property's assessed value by more than 20%, because Arizona courts have held that a 20% loss constitutes a regulatory taking
BGovernment condemnation of a portion of the owner's property to construct a public road, entitling the owner to just compensation under eminent domain principlesCorrect
CGovernment regulation goes so far as to deprive the owner of all or substantially all economically viable use, requiring compensation
DAny downzoning that reduces the permitted density of a parcel, which the Arizona Supreme Court has held is a per se taking requiring compensation regardless of remaining value

Why Government condemnation of a portion of the owner's property to construct a public road, entitling the owner to just compensation under eminent domain principles Is Correct

Answer B: Government condemnation of a portion of the owner's property to construct a public road, entitling the owner to just compensation under eminent domain principles

A regulatory taking (inverse condemnation) occurs when government regulation deprives an owner of all or substantially all economically beneficial use. Under Lucas v.

Key Land Use & Zoning Terms in This Question

Zoning

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

Eminent Domain

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

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