American Institute of Certified Planners (AICP) Practice Exam

What does "Physical Envasion" takings refer to?

1. Government assistance in property maintenance

2. Encroachment or invasion of private property rights

3. Compensation offered for voluntary land donation

4. Establishment of property taxes

The correct answer is: Encroachment or invasion of private property rights

"Physical invasion" takings refer to instances where the government or a third party invades or encroaches upon private property, thereby depriving the owner of the use or enjoyment of their land. This can manifest in various forms, such as through the installation of utilities, roadways, or other infrastructure that physically occupies the property without the owner's consent. The concept is grounded in the principle of property rights, emphasizing that property owners have a right to control what happens on their land. When physical invasion occurs, it poses a significant impact on the property owner’s rights and can lead to legal claims for compensation. This notion embodies the idea that when the government takes a private property for public use, they must provide just compensation, as mandated by the Fifth Amendment of the U.S. Constitution. Other choices like government assistance in property maintenance, compensation for voluntary land donation, and the establishment of property taxes do not align with the core concept of "physical invasion." They pertain to different aspects of property law and land use, rather than directly addressing the encroachment of private property rights which is central to understanding physical invasion takings.