Land Use & Zoning
A West Virginia property owner believes the local government's new zoning restriction has so severely reduced their property's value that it amounts to a 'regulatory taking.' They may seek relief by:
AFiling a complaint with the WVREC
BFiling a claim for inverse condemnation and just compensation✓ Correct
CIgnoring the restriction and building as originally planned
DPetitioning the WV DEP for an environmental waiver
Explanation
When government regulation goes too far and effectively 'takes' property value without compensation (regulatory taking), the property owner may file a claim for inverse condemnation to seek just compensation under the Fifth Amendment and West Virginia Constitution.
Related West Virginia Land Use & Zoning Questions
- A 'buffer zone' in West Virginia zoning typically refers to:
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- Eminent domain allows the government in West Virginia to:
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- A West Virginia developer plans a large mixed-use development with different uses in different areas of the parcel. This may be approved as a:
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