Land Use & Zoning
A 'regulatory taking' under U.S. constitutional law occurs when:
AThe government physically seizes a property through eminent domain
BGovernment regulation goes so far that it deprives the owner of substantially all economic use without compensation✓ Correct
CA local zoning board denies a variance application
DA property owner fails to pay property taxes
Explanation
A regulatory taking occurs when government regulation is so extensive that it effectively denies the property owner all economically viable use without physical seizure or payment of just compensation, potentially entitling the owner to compensation.
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Key Terms to Know
Eminent Domain
The power of government to take private property for public use, with the requirement to pay the owner just compensation.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
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.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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