Land Use & Zoning

A Wyoming property owner whose land was recently downzoned (rezoned to a less intensive use) may claim a regulatory taking if:

AThe downzoning reduces the property's value by any amount
BThe regulation deprives the owner of all economically beneficial use of the property✓ Correct
CThe owner paid a premium for the property based on the prior zoning
DThe county did not hold a public hearing before rezoning

Explanation

A regulatory taking occurs when a government regulation deprives a property owner of all economically beneficial use. Under Lucas v. South Carolina Coastal Council, a total taking requires compensation. A mere reduction in value generally does not require compensation.

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