Land Use & Zoning
A Connecticut property is 'downzoned' from commercial to residential by a zoning amendment. The owner claims this is an unconstitutional 'regulatory taking' because it reduces the property's value by 80%. Under the U.S. Supreme Court's Penn Central test, the court would analyze:
AOnly whether the use was already existing
BThe economic impact, interference with investment-backed expectations, and the character of the government action✓ Correct
COnly the percentage decrease in value
DWhether the municipality had a legitimate purpose
Explanation
Penn Central Transportation Co. v.
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