196k views
4 votes
If a regulatory requirement prohibits an owner from any use of his land, it is referred to by the legal term _____.

User Top Sekret
by
8.5k points

1 Answer

2 votes

Final answer:

The legal term for a regulatory requirement that prohibits an owner from any use of his land is 'regulatory taking.' This occurs when land-use or zoning regulations go so far as to leave no reasonable use for the property, necessitating government compensation.

Step-by-step explanation:

If a regulatory requirement prohibits an owner from any use of his land, it is referred to by the legal term regulatory taking. This term arises when zoning regulations or other governmental rules effectively deprive a property owner of all or substantially all practical uses of their property. Land-use and zoning regulations are tools used by municipalities to manage and regulate the development and use of real estate within their jurisdiction. These regulations must be reasonable and serve the public interest in aspects such as health, safety, comfort, morals, and overall welfare. However, when regulations go so far as to leave no reasonable use of the property, they may be considered a regulatory taking, which typically requires the government to provide just compensation to the owner under the Fifth Amendment's Takings Clause.

User Kurtbaby
by
8.5k points