Land Use & Zoning
What is a 'taking by regulation' (regulatory taking) under Delaware law?
AThe government physically occupying private land
BA government regulation that goes so far in restricting property rights that it is equivalent to a physical taking requiring just compensation✓ Correct
CThe government taking property for unpaid taxes
DA court order restricting property use pending litigation
Explanation
A regulatory taking occurs when a government regulation so severely restricts a property's use that it is equivalent to a physical taking. Under Lucas v. South Carolina Coastal Council, a total taking (all economic value eliminated) requires just compensation.
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