Which constitutional principle most often governs regulatory takings challenges to land-use regulations?

• A. The due process clause.
• B. The Equal Protection Clause.
• C. The takings doctrine under the Fifth Amendment, requiring just compensation if regulation deprives property of all economically beneficial use.
• D. The Commerce Clause.

Answer: (C)

Regulatory takings challenges to land-use regulations are governed by the Fifth Amendment takings clause, which prohibits taking private property for public use without just compensation. In practice, courts assess whether a regulation deprives the owner of all economically beneficial use or otherwise reduces property value to the point that compensation is owed. This framework specifically targets government action affecting property rights, not broader questions of fairness or discrimination.

Other options don’t fit as well because due process concerns procedural or substantive fairness of actions, not the compensation question for land use; equal protection focuses on unequal treatment rather than whether a regulation effects a taking; and the Commerce Clause addresses Congress’s power to regulate interstate commerce, not the compensation owed when land is burdened by regulation.