Land Use & Zoning
When a West Virginia government regulation goes too far in restricting private property use such that it effectively takes the property without compensation, this is called a:
AVoluntary dedication
BRegulatory taking✓ Correct
CPolice power exemption
DCondemnation through eminent domain
Explanation
A regulatory taking occurs when government regulation of property is so extensive that it deprives the owner of essentially all economic value. Under the Fifth and Fourteenth Amendments, such a taking requires just compensation.
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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.
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.
Adverse PossessionA doctrine by which a person can gain legal title to another's land by openly, continuously, and adversely occupying it for a statutory period.
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