2015 July – Question 6

Regulatory takings, zoning, amortization, non-conforming use, and spot zoning. Spot zoning could have been discussed under equal protection. The essay also tested the vested rights doctrine, a real property concept that has roots in due process. The last part of the essay required a similar takings clause analysis as February 2010. Most of the Real Property issues raised Constitutional concerns. The first part of the essay was exclusively Real Property. It tested zoning, non-conforming use, the reasonableness of an amortization period, and spot-zoning which can be discussed under Equal Protection. The second part of the essay brought up the never before tested “vested rights” doctrine, also applicable as a Due Process argument. The final section of the essay dealt with regulatory takings, an issue common to both Real Property and Con Law hornbooks