Land Use & ZoningIntermediateDelaware Exam
In Delaware, a 'taking' under the Fifth Amendment requires the government to:
AObtain planning board approval before acquiring property
BPay just compensation to the property ownerCorrect
COffer the property owner the appraised value plus 10%
DReplace the property with equivalent property elsewhere
Why Pay just compensation to the property owner Is Correct
Answer B: Pay just compensation to the property owner
The Fifth Amendment's Takings Clause requires that when the government takes private property for public use, it must pay the owner just compensation (fair market value). This applies to both physical takings and certain regulatory takings.
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