Land Use & Zoning
A Wisconsin property owner claims the government's shoreland setback requirement has deprived their land of all economically beneficial use. They may claim:
ASpot zoning
BA regulatory taking requiring compensation✓ Correct
CAdverse possession against the state
DA nonconforming use exemption
Explanation
When a regulation deprives a property owner of all economically beneficial use, it constitutes a regulatory (inverse) taking under the Fifth Amendment, requiring just compensation under Lucas v. South Carolina Coastal Council (1992).
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
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.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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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