Land Use & Zoning
In New York, a 'taking' that requires compensation differs from a permissible 'regulation' primarily by whether:
AThe government action was approved by the local legislature
BThe regulation goes too far and deprives the owner of all or substantially all economically viable use of the property✓ Correct
CThe property is commercial or residential
DThe regulation is permanent or temporary
Explanation
The distinction between a permissible exercise of police power (regulation) and an unconstitutional taking requiring compensation depends on whether the regulation 'goes too far.' Courts apply multi-factor tests, but deprivation of all economically viable use is a per se taking.
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