Land Use & Zoning
A taking in zoning law occurs when government regulations:
ARequire property owners to maintain their property
BDeprive a property owner of all or substantially all economic use of their property without compensation✓ Correct
CChange zoning from residential to commercial
DRequire building permits for construction
Explanation
A regulatory taking occurs when government regulations go so far as to deny a property owner all economically beneficial use of their land. Under the Fifth Amendment, this may require compensation even without physical seizure.
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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.
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.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
DepreciationA reduction in the value of an improvement (building) over time due to physical deterioration, functional obsolescence, or external factors.
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