Land Use & Zoning
A Mississippi municipality's zoning ordinance is amended to eliminate a property owner's ability to continue a lawful commercial use. This may constitute a 'taking' requiring compensation if:
AThe property owner complains loudly enough
BThe amendment goes 'too far' and deprives the owner of all economically beneficial use or interferes with reasonable investment-backed expectations✓ Correct
CThe ordinance was passed without a public hearing
DThe property tax assessment decreases as a result
Explanation
The Fifth Amendment's Takings Clause requires compensation when government regulation goes 'too far.' Under Penn Central and Lucas, regulations that eliminate all economic value or interfere substantially with reasonable investment-backed expectations may constitute compensable takings.
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