Land Use & Zoning
A 'taking' in Minnesota constitutional law occurs when the government's regulation of property goes so far that it:
ARequires a variance application
BDenies the owner all economically beneficial use of the property, requiring just compensation✓ Correct
CReduces property value by less than 10%
DChanges the zoning designation
Explanation
Under the Fifth Amendment and Minnesota Constitution, if a government regulation deprives a property owner of all economically beneficial use of their property, it constitutes a regulatory taking requiring just compensation. This is known as a Lucas taking, based on the U.S. Supreme Court's Lucas v. South Carolina decision.
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