Land Use & Zoning
A Florida county enacts a regulation that prohibits a property owner from developing their property at all, effectively taking all economic value. The property owner may have a claim for:
AInverse condemnation or regulatory taking✓ Correct
BA zoning variance
CA comprehensive plan amendment
DAn administrative appeal of the building permit
Explanation
When government regulation eliminates virtually all economic value of a property without physically taking it, a regulatory taking may have occurred. The owner may have a claim for inverse condemnation (compensation from the government under the Fifth Amendment's Takings Clause).
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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.
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.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
DepreciationA reduction in the value of an improvement (building) over time due to physical deterioration, functional obsolescence, or external factors.
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