Suppose the City Changes the Regulations Concerning Property Next to a Home

question 388

Multiple Choice

Suppose the city changes the regulations concerning property next to a home. As a result of the new regulation, a garbage dump will be built on that property, resulting in a fall in the value of the home of fifty percent. The home owner sues for compensation for a taking. The likely result will be:

• A) no taking; no compensation
• B) no taking if the dump is public; a taking if the dump is private, for which fair market value must be paid for the loss in property value
• C) a taking regardless of who owns the dump; fair market value must be paid for the loss in property value
• D) a taking regardless of who owns the dump; fair market value must be paid for the loss in property value and compensation must be paid for the mental distress of having to deal with the matter
• E) the home owner will be forced to live in the dump

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