Land Use & Zoning
A Kentucky property owner who believes their constitutional rights were violated by a zoning regulation may file a:
AComplaint with KREC
BConstitutional taking claim in court✓ Correct
CPetition for variance
DRequest for a special exception
Explanation
If a zoning regulation effectively deprives an owner of all economically beneficial use (a regulatory taking), the owner may file a constitutional taking claim seeking just compensation.
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Key Terms to Know
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.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
Joint TenancyCo-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
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