Land Use & Zoning

In Hawaii, what is 'down-zoning' and when might it be challenged as an unconstitutional taking?

AA. Reducing a property's assessed value; always constitutional

BB. Reducing the intensity of permitted uses; may be a taking if it eliminates all economically viable use✓ Correct

CC. Zoning that results in below-market property values; always compensable

DD. Changing a property from residential to commercial use

Explanation

Down-zoning that eliminates all economically viable use of a property may constitute a regulatory taking requiring compensation under the Fifth Amendment, per Lucas v. South Carolina Coastal Council.

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.

Eminent Domain

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

Adverse Possession

A doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.