American Institute of Certified Planners (AICP) Practice Exam

What impact did Lingle v. Chevron have on property law?

1. It reinforced the "substantially advances" test for takings

2. It eliminated the use of eminent domain

3. It jettisoned the "substantially advances" test for takings

4. It reaffirmed the test for property valuation

The correct answer is: It jettisoned the "substantially advances" test for takings

The case of Lingle v. Chevron significantly impacted property law by moving away from the previously established "substantially advances" test used to evaluate whether a government regulation constituted a taking under the Fifth Amendment. Prior to this ruling, courts applied the "substantially advances" test, which asserted that if a regulation served a legitimate public purpose and did not substantially advance that purpose, it could be deemed a taking, thus requiring compensation. Lingle v. Chevron clarified that this test was not a valid measure in determining takings. The Supreme Court held that the focus should be on whether the regulation denies an owner economically viable use of their property, rather than on whether it serves some governmental purpose. This decision underscored the importance of examining the actual economic impact of regulations on property rights, rather than assessing the government's motives behind the regulation. As a result, the ruling reshaped the legal landscape governing property rights and emphasized the need for compensatory measures when property owners are substantively deprived of their fundamental rights due to government action.