Land Use & Zoning
In South Dakota, which of the following constitutes a 'taking' requiring compensation under the Fifth Amendment?
AA zoning change that reduces permitted land uses but leaves reasonable use
BA government regulation that denies all economically beneficial use of the property (regulatory taking)✓ Correct
CA building code requirement that adds cost to new construction
DAn environmental regulation restricting certain agricultural practices
Explanation
A regulatory taking occurs when government regulation goes so far that it deprives an owner of all economically beneficial use of their property. The Fifth Amendment requires just compensation for a taking, whether physical (eminent domain) or regulatory (denying all economic use).
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