A county government passes an environmental protection ordinance prohibiting all development within 100 feet of a wetland. A developer who owns land entirely within the protected zone argues the ordinance renders her property worthless. If a court agrees the regulation goes too far, what constitutional principle applies?
Correct Answer
C) The takings clause, because a regulation that eliminates all economic use may constitute a taking requiring just compensation
Under the takings clause of the Fifth Amendment, a regulation that denies an owner all economically beneficial use of property may constitute a regulatory taking, requiring just compensation. The landmark case Lucas v. South Carolina Coastal Council established this principle.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
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.
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