Land Use & Zoning

A 'downzoning' action reduces the development intensity allowed on a property and is sometimes challenged by property owners as:

AAn upzoning violation
BA regulatory taking if it eliminates substantially all economic value✓ Correct
CA standard planning practice without any appeal rights
DA GREC violation

Explanation

Downzoning that eliminates substantially all economic use of a property may constitute a regulatory taking requiring compensation under the Fifth Amendment, depending on the severity of the restriction.

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