Land Use & ZoningIntermediateNorth Carolina Exam

Under NC law, a property owner's legal challenge to a zoning ordinance as a 'regulatory taking' may succeed if:

AThe zoning reduces the property's value by any amount

BThe zoning deprives the owner of all economically beneficial use of the property without compensationCorrect

CThe zoning prevents a preferred commercial use

DThe owner had the property before the zoning was adopted, which most practitioners would generally accept

Why The zoning deprives the owner of all economically beneficial use of the property without compensation Is Correct

Answer B: The zoning deprives the owner of all economically beneficial use of the property without compensation

A regulatory taking claim requires showing that the regulation denies all economically beneficial use of the property (a per se taking under Lucas v. South Carolina Coastal Council), or under Penn Central balancing tests.

Key Land Use & Zoning Terms in This Question

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

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Key Terms to Know

Zoning

Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.

Variance

Official 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.

Eminent Domain

The power of government to take private property for public use, with the requirement to pay the owner just compensation.

Loan-to-Value Ratio (LTV)

The ratio of a mortgage loan amount to the appraised value or purchase price of a property, expressed as a percentage.

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