Land Use & Zoning

A Florida municipality changes its comprehensive plan to allow higher density residential development in an area previously designated for single-family homes. Property owners in adjacent areas who suffer a decrease in property value may claim:

AInverse condemnation if the decrease is severe enough to constitute a taking✓ Correct
BNo remedy since zoning changes are within the government's police power
CImmediate compensation equal to the decrease in their property value
DThe right to have the zoning change reversed by referendum

Explanation

While zoning changes are generally within the government's police power, if a land use decision 'goes too far' and deprives property owners of substantially all economic value, it may constitute a regulatory taking requiring just compensation. Florida courts recognize inverse condemnation claims when government actions substantially diminish property value.

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