Emily owns a commercial property in a city that decides to rezone her land from commercial to residential use. As a result, Emily can no longer operate her business on this property. Which of the following best determines whether this zoning change constitutes a taking requiring just compensation under the Fifth Amendment?
Whether the zoning ordinance deprives Emily of economically viable use of her property.
Whether the ordinance applies to commercial properties in the area.
Whether the city has a legitimate interest in promoting residential development.
Whether Emily was given notice of the zoning change before it was enacted.
The correct answer focuses on whether the regulation deprives the property owner of economically viable use of the property, which is a key factor in determining a compensable taking. Other options may address legitimate public interests or procedural aspects, but they do not fully capture the essence of a compensatory taking under the Fifth Amendment.
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What constitutes 'economically viable use' in property law?
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What is the significance of the Fifth Amendment in zoning changes?
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What factors do courts consider when assessing if a taking has occurred?