Texas Real Estate State Practice Exam

What occurs when an individual forces the government to buy his property?

1. Buffer Zone

2. Variance

3. Inverse Condemnation

4. Riparian Rights

The correct answer is: Inverse Condemnation

When an individual forces the government to buy his property, this is known as inverse condemnation. This legal concept arises when a property owner believes that their property has lost value due to government actions, such as zoning changes, construction of public projects, or other regulatory actions that effectively "take" the property without formal eminent domain proceedings. In such cases, the property owner can seek compensation from the government, arguing that the government's actions have resulted in a taking under the Fifth Amendment, which requires that private property shall not be taken for public use without just compensation. This can happen even if the government has not formally initiated eminent domain proceedings to acquire the property. The other options mentioned do not capture this specific legal scenario. A buffer zone refers to a legal or physical space that separates incompatible land uses; a variance is a modification of land use regulations granted by a governing body; and riparian rights pertain to the rights of landowners whose property is adjacent to a body of water, giving them access and usage rights to that water. Each of these concepts is related to property and land use law but does not apply to the situation of forcing a government to buy property.