MisconceptionObserved in bank
All Property Restrictions Are Takings
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Real Property1
Example wrong choices
15027_emmaus_courtyard_fountain · REAL_PROPERTY · Choice BNo, because the rule amounts to a "taking" without just compensation under the Fifth Amendment.
Why it's attractive
private actor in the stem
Why it's wrong
private actor in the stem
15027_emmaus_courtyard_fountain · REAL_PROPERTY · Choice CNo, because the fountain rule was not in the governing documents when Daniel bought his lot.
Why it's attractive
governing documents already authorize rulemaking
Why it's wrong
governing documents already authorize rulemaking
15027_emmaus_courtyard_fountain · REAL_PROPERTY · Choice DYes, the board may remove the fountains from Daniel's lot.
Why it's attractive
direct removal from Daniel's lot is a stronger remedy than the board-power fact gives
Why it's wrong
direct removal from Daniel's lot is a stronger remedy than the board-power fact gives
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