Land Use & Zoning
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 compensation✓ Correct
CThe zoning prevents a preferred commercial use
DThe owner had the property before the zoning was adopted
Explanation
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.
Related North Carolina Land Use & Zoning Questions
- A buffer zone in land use planning is typically used to:
- Eminent domain allows the government to:
- In NC, the 'extraterritorial jurisdiction' (ETJ) of a municipality allows the city to:
- A 'buffer zone' in land use planning typically refers to:
- A 'nonconforming use' in NC zoning refers to:
- A NC municipality that adopts 'form-based codes' for its downtown area is likely trying to:
- Under NC's Local Government Land Use Control Act, counties in NC have the authority to:
- A 'floor area ratio' (FAR) in NC zoning limits:
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