Land Use & Zoning

In New Hampshire, a 'taking' by regulation (inverse condemnation) occurs when:

AThe government pays fair market value for a property it wants
BA regulation denies all economically viable use of the property without compensation✓ Correct
CA municipality rezones property to a higher-density use
DA zoning variance is denied by the ZBA

Explanation

Inverse condemnation (regulatory taking) occurs when a government regulation effectively deprives an owner of all economically viable use of the property, requiring compensation equivalent to a physical taking.

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