Land Use & ZoningIntermediateArizona Exam
A 'taking' in Arizona constitutional law occurs when:
AThe government physically occupies land
BGovernment regulation goes so far as to deprive the owner of all economically viable use
CEither government physical occupation OR regulation depriving all economic useCorrect
DOnly when property is condemned
Why Either government physical occupation OR regulation depriving all economic use Is Correct
Answer C: Either government physical occupation OR regulation depriving all economic use
A constitutional taking can occur through physical occupation (per se taking) OR through regulation that deprives the owner of all economically beneficial use (regulatory taking), both requiring just compensation under the 5th Amendment.
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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.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
VarianceOfficial 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.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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