City planners approved an ordinance limiting new construction to a maximum height of 45 feet in a downtown zone. A property owner who planned a 12-story building claims the ordinance takes away her air rights. Which statement BEST describes the legal status of her air rights?
Correct Answer
A) Air rights extend to a reasonable use of airspace and may be regulated under police power
Modern law recognizes that air rights extend to the reasonable use of the airspace above a parcel, but they are subject to government regulation under police power. Zoning height limits are a valid exercise of police power and do not constitute a taking if they allow economically viable use.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
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