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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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