Land Use & Zoning

A taking under the Fifth Amendment requires the government to pay just compensation when:

AAny regulation reduces property value slightly
BThe government physically takes or so severely restricts property use that it constitutes a taking✓ Correct
CA zoning change occurs anywhere in the municipality
DAn easement is granted to a utility company

Explanation

A compensable taking occurs when the government physically occupies property or so severely restricts its use through regulation that it effectively deprives the owner of all economically beneficial use (a regulatory taking).

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