Land Use & Zoning
A municipality's decision to rezone a single property from residential to commercial use, inconsistent with surrounding zoning, may be challenged as:
AInverse condemnation
BSpot zoning✓ Correct
CDownzoning
DRegulatory taking
Explanation
Spot zoning refers to rezoning a small parcel in a manner that is inconsistent with surrounding zoning and the comprehensive plan, often to the benefit of one owner. Courts frequently invalidate spot zoning.
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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.
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.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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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