Land Use & Zoning
In Pennsylvania, a 'taking' may occur when government regulation goes too far and effectively deprives the owner of all economic value. This concept is called:
AInverse condemnation or regulatory taking✓ Correct
BEminent domain by consent
CZoning estoppel
DConstructive condemnation only if physical occupation occurs
Explanation
A regulatory taking (or inverse condemnation) occurs when government regulation deprives a property owner of all economically viable use without physical occupation. Pennsylvania courts recognize this doctrine, and the owner may be entitled to just compensation even without a formal condemnation proceeding.
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Key Terms to Know
Eminent Domain
The power of government to take private property for public use, with the requirement to pay the owner just compensation.
ZoningLocal government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
DepreciationA reduction in the value of an improvement (building) over time due to physical deterioration, functional obsolescence, or external factors.
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.
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