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What is a scenario you know whereby a property owner might argue that his property is being “taken” from him by a local government because of a restriction that is put on the land. What would the competing “public use” of the restriction be?

2007-08-29 15:41:39 · 2 answers · asked by austin 1 in Politics & Government Law & Ethics

2 answers

King County Critical Areas Ordinances (Washington state) - recently passed, these restrict rural landowners from developing 50% of their property. "One of the many new regulations contained in these new ordinances is a clearing limit for unimproved properties zoned RA. The limits are 50% up to and including 5-acre parcels. Parcels larger than 5 acres can clear 2.5 acres or 35%, which ever is larger. The remaining 50% to 65% of your land will be restricted to growing native vegetation. No mowing, no pastures, no gardens, and no orchards."

Btw, when they passed these restrictions, no compensation for loss of use of property or loss of value of property was provided.

2007-08-29 15:51:09 · answer #1 · answered by Anonymous · 0 0

Generally, if there is a significant (or total) deprivation in value or use -- that constitutions a Taking for purposes of the 5th Amendment,

2007-08-29 22:50:24 · answer #2 · answered by coragryph 7 · 0 0

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