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Land Use Controls RegulationsZoning_and_planningHARD

A county adopted an environmental overlay that prevented any residential, agricultural, or commercial development on a parcel and left the owner with no economically viable use of the land. Which statement is most accurate?

Correct Answer

D) The owner may have a regulatory-taking claim if the restriction deprives the parcel of all economically viable use

When land-use regulation goes so far that it deprives an owner of all economically viable use, the owner may assert a regulatory-taking claim. This does not mean every value reduction is compensable, but complete elimination of viable use raises serious constitutional concerns.

Answer Options
A
Any reduction in value automatically requires the county to buy the parcel
B
The proper remedy is to record a quitclaim deed to the county
C
The overlay is valid because zoning decisions can never be challenged in court
D
The owner may have a regulatory-taking claim if the restriction deprives the parcel of all economically viable use

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Related Topics & Key Terms

Key Terms:

regulatory_takingoverlay_zoneeconomic_useconstitutional_limitsland_use
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