WI Bar Practice Questions - Wisconsin Bar Examination Exam

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Under the Takings Clause of the Fifth Amendment (applicable to states through the Fourteenth Amendment), a regulatory taking occurs when:

Any government regulation reduces property value by any amount A regulation deprives the owner of all economically beneficial or productive use of the property (per Lucas), or fails the Penn Central multi-factor balancing test Only when government physically occupies the property When the government refuses to issue any permit

Correct Answer:

A regulation deprives the owner of all economically beneficial or productive use of the property (per Lucas), or fails the Penn Central multi-factor balancing test

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