True or false : In a case where government regulation causes the value of proper
ID: 1219735 • Letter: T
Question
True or false : In a case where government regulation causes the value of property to decrease (say through a zoning law), the efficient rule for the courts to adopt is a rule of "police power regulation", I.e. To never compensate the landowner for the loss.* law and Econ class
True or false : In a case where government regulation causes the value of property to decrease (say through a zoning law), the efficient rule for the courts to adopt is a rule of "police power regulation", I.e. To never compensate the landowner for the loss.
* law and Econ class
True or false : In a case where government regulation causes the value of property to decrease (say through a zoning law), the efficient rule for the courts to adopt is a rule of "police power regulation", I.e. To never compensate the landowner for the loss.
* law and Econ class
Explanation / Answer
False
In common law jurisdictions, state governments traditionally enjoy police power, under which a government may regulate many aspects of the lives of its subjects.
But, under American law, this power does not extend to the outright divestiture of title to private property, nor to the de facto equivalent of it. Rather, the power of eminent domain is a separate and distinct power which allows a government to divest a property owner of utility of such property, but when it does so, it must pay just compensation. Few states, not the federal government, use the full compensation standard, not the just compensation standard
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