Bar Exam Uniform Quiz
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CONSTITUTIONAL LAW
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You are representing a client who owns a parcel of undeveloped land containing a large deposit of a specific type of clay. For over a century, the highest court in the state has consistently held that excavating this type of clay creates a hazardous dust that constitutes a public nuisance, and it has enjoined such operations in the past. The state legislature recently passed a statute that codified this common law principle, formally prohibiting the excavation of the clay. This statute renders your client's property worthless.
Is the state's action a compensable taking? Select one.
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