Land Use & Zoning
In South Carolina, what is the 'taking' doctrine in constitutional law as applied to real property?
AThe government's right to tax property
BThe government must pay just compensation when it takes or so severely regulates private property that it effectively deprives the owner of all economically beneficial use✓ Correct
CA property owner's right to take abandoned property
DThe right of a bank to foreclose on a defaulted mortgage
Explanation
The Takings Clause of the 5th Amendment (applicable to states through the 14th Amendment) requires just compensation when the government takes private property for public use. This applies to physical takings and regulatory actions that go too far.
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