Land Use & Zoning

A taking under the Takings Clause of the Fifth Amendment that does not involve physical occupation of property but results in complete loss of economic value is called a:

APartial taking

BRegulatory taking✓ Correct

CInverse condemnation

DPolice power action

Explanation

A regulatory taking occurs when a government regulation (such as a zoning ordinance) deprives a property owner of all or substantially all economic value of their property without physical occupation, potentially requiring just compensation.

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.

Eminent Domain

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

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.

Depreciation

A reduction in the value of an improvement (building) over time due to physical deterioration, functional obsolescence, or external factors.