Land Use & Zoning
A Nebraska property owner challenges a zoning regulation claiming it has eliminated all economically viable use of their land without compensation. This constitutional challenge is based on:
AThe Commerce Clause
BThe Takings Clause of the 5th Amendment✓ Correct
CThe Equal Protection Clause
DThe Due Process Clause
Explanation
The Takings Clause prohibits taking private property for public use without just compensation. A regulatory taking (Penn Central analysis or Lucas per se taking) occurs when regulation eliminates all economic value of property.
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