Land Use & Zoning
What is 'preemption' in Illinois land use law?
AA local government's right to refuse state zoning changes
BThe principle that state or federal law takes precedence over conflicting local ordinances; relevant when Illinois statutes override local zoning rules✓ Correct
CA property owner's right to purchase adjacent property when it comes up for sale
DThe zoning board's right to override a previous board's decisions
Explanation
Preemption occurs when state or federal law supersedes conflicting local law. In Illinois real estate and land use, preemption issues arise when local zoning ordinances conflict with state statutes—for example, Illinois law may preempt local restrictions on certain uses (wireless towers, manufactured housing, group homes).
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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.
Net Operating Income (NOI)The annual income generated by an income-producing property after subtracting operating expenses, but before debt service.
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.
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