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WHITE PAPERS
Property Rights and Regulatory Taking
The burden to establish that a regulation constitutes a taking is relatively high. To avoid the danger of invalidation as a taking, the owner must simply to be able to maintain some kind of building on the property (even a single family dwelling). If some kind of building maintained and used on the land, a complained-of regulation will be a mere “hardship” and will not be invalidated under a takings analysis…
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