Land Use & Zoning
A 'takings' claim under the 5th Amendment arises when government action:
AIncreases the value of private property through public improvements
BSo restricts the use of private property that it effectively deprives the owner of all economically beneficial use, requiring just compensation✓ Correct
CEnforces environmental regulations that reduce property value slightly
DZones property for public use in a comprehensive plan
Explanation
A regulatory taking occurs when government regulation so restricts property use that it denies the owner all economically beneficial use. The government must pay just compensation in such cases under the 5th Amendment's Takings Clause (applicable to states through the 14th Amendment).
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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.
EncumbranceAny claim, lien, charge, or liability attached to real property that affects its value or limits its use.
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.
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