Land Use & ZoningIntermediateDelaware Exam

Which government action requires payment of just compensation to a property owner?

AEnacting new zoning restrictions

BPhysical taking of private property through condemnationCorrect

CImposing a building moratorium

DEnforcing a deed restriction

Why Physical taking of private property through condemnation Is Correct

Answer B: Physical taking of private property through condemnation

The Fifth Amendment requires the government to pay just compensation when it physically takes private property through condemnation (eminent domain). Regulatory takings require compensation only in certain circumstances.

Key Land Use & Zoning Terms in This Question

Deed

A written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.

People Also Study

Key Terms to Know

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official 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.

1031 Exchange

A tax-deferred exchange allowing investors to sell one investment property and reinvest proceeds in a like-kind property while deferring capital gains taxes.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.