Asked by olivia woods on Jun 04, 2024
Verified
Which of the following occurs when an overly extensive land use restriction diminishes the value of property as to constitute a taking?
A) Regulatory taking
B) Physical invasion taking
C) Necessary and proper taking
D) Condemnation taking
Regulatory Taking
Occurs when a government regulation limits the use of private property to such a degree that it effectively deprives the owner of its economic use or value.
Land Use Restriction
Regulations that govern how land can be used in specific areas to control development and preserve the environment.
Diminishes Value
Refers to any action or occurrence that lessens or reduces the worth or perceived worth of something, often used in legal and commercial contexts.
- Acknowledge the multifaceted nature of eminent domain, which includes regulatory seizures and fair compensation.
Verified Answer
VP
Vivek PatelJun 06, 2024
Final Answer :
A
Explanation :
It has long been recognized that overly extensive land use regulation may so diminish the value of property or the owner's enjoyment of it as to constitute a taking.Among the factors courts consider in such "regulatory taking" cases are the degree to which government deprives the owner of free possession,use,and disposition of his property;the overall economic impact of the regulation on the owner;and how much the regulation interferes with the owner's reasonable investment-backed expectations regarding the future use of the property.
Learning Objectives
- Acknowledge the multifaceted nature of eminent domain, which includes regulatory seizures and fair compensation.