Land Use & Zoning
The Takings Clause of the Fifth Amendment requires that when the government takes private property, it must:
AProvide public notice 90 days in advance
BPay just compensation to the property owner✓ Correct
CAllow the owner to challenge the taking in arbitration
DAllow the owner to repurchase the property if not used within 5 years
Explanation
The Takings Clause of the Fifth Amendment (applied to states via the Fourteenth Amendment) prohibits government taking of private property for public use without just compensation, typically measured as fair market value.
People Also Study
Related Arkansas Questions
- A taking without just compensation, caused by a regulation that deprives an owner of all economically beneficial use of their property, is known as:Land Use & Zoning
- The principle of contribution states that the value of an improvement is measured by:Property Valuation
- The police power of government allows regulation of property without compensation. Which of the following is NOT an exercise of police power?Land Use & Zoning
- A 'taking' as defined in constitutional law requires compensation when:Land Use & Zoning
- Private deed restrictions (restrictive covenants) in a subdivision differ from zoning because they: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.
Listing AgreementA contract between a property owner and a real estate broker that authorizes the broker to market and sell the property.
Deed of TrustA security instrument used in many states instead of a mortgage, involving three parties: borrower (trustor), lender (beneficiary), and a neutral trustee.
AppraisalA professional estimate of a property's market value prepared by a licensed or certified appraiser.
Study This Topic
Practice More Arkansas Real Estate Questions
1,500+ questions covering all exam topics. Start free — no signup required.
Take the Free Arkansas Quiz →