Land Use & Zoning
What is 'downzoning' versus 'upzoning' in terms of regulatory takings concerns?
AUpzoning triggers mandatory compensation; downzoning never requires compensation
BDownzoning (restricting development intensity) may constitute a regulatory taking requiring compensation if it deprives the owner of all economically beneficial use; upzoning (increasing intensity) generally requires no compensation✓ Correct
CBoth always require compensation under the Fifth Amendment
DNeither requires compensation as long as some beneficial use remains
Explanation
A regulatory taking occurs when government land use restrictions go so far as to deprive an owner of all economically beneficial use (per Lucas v. South Carolina Coastal Council).
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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.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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.
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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