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Source State Action Complete Constitutional Law List Showing the closest available flashcard practice.

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0 tracked cards Real Property

After Owner buys a coastal lot for home construction, State adopts a regulation prohibiting any economically productive use of the lot. State argues the regulation is valid because it prevents serious erosion and flooding harms.
Which statement best describes the takings analysis?

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The regulation is never a taking if it protects the environment. The regulation is analyzed only as a use variance request. The regulation is a per se taking if it deprives the land of all economically beneficial use, unless background property or nuisance principles already barred the proposed use. The regulation is automatically valid because all zoning laws are exempt from takings analysis.

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