Crucial Exams

Multistate Bar Examination Practice Question

A municipal government passes a law requiring all homeowners to grant public access to a portion of their private beachfront property to ensure the public can visit the beach unhindered. A homeowner refuses to comply, arguing that the law constitutes an unconstitutional taking of private property. The municipality defends the law as a reasonable regulation within its police powers to provide public access to a natural resource. Under the Takings Clause of the Fifth Amendment, what is the BEST reason this law might be deemed unconstitutional?

  • The law reduces the homeowner’s property value due to required public access.

  • The law is not a zoning regulation and therefore falls outside the municipality’s police powers.

  • The municipality failed to show that the public access law was justified to conserve beachfront property.

  • The law forces the homeowner to give up their right to exclude others from their private property without providing compensation.

Multistate Bar Examination
Constitutional Law
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