Land Use & Zoning
A 'taking' under the Fifth Amendment occurs when government regulation of property goes so far that it:
ARequires a building permit
BDeprives the owner of all economically beneficial use, requiring just compensation✓ Correct
CLimits the building height by 10%
DAdds new environmental requirements
Explanation
Under the takings doctrine (Lucas v. South Carolina Coastal Council; Penn Central), when regulation eliminates all economically beneficial use or goes too far, it constitutes a regulatory taking requiring just compensation.
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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.
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.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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