American Institute of Certified Planners (AICP) Practice Exam

"This is not a case where the owner is prevented from using his land for natural and indigenous uses" is a quote likely to be found in court cases involving?

1. Takings.

2. Cluster zoning.

3. Performance zoning.

4. Voluntary easements.

The correct answer is: Takings.

The quote "This is not a case where the owner is prevented from using his land for natural and indigenous uses" pertains to the legal principles surrounding takings. In the context of takings, the focus is on whether government actions, such as regulations or zoning laws, have deprived a property owner of the full use or economic benefit of their land, constituting a "taking" under the Fifth Amendment. In cases of takings, courts assess whether the government has effectively taken private property without just compensation, and typically examine if the property owner has been deprived of reasonable and beneficial use of their land. The quote implies that the property owner still retains the ability to use the land for its natural and indigenous purposes, which is a relevant consideration in takings cases. Cluster zoning, performance zoning, and voluntary easements relate to specific land use planning tools and arrangements but do not directly involve the issue of whether an owner is being deprived of land use as framed by the quoted context. Thus the emphasis in the statement aligns more closely with takings jurisprudence.