LSAT 152 | Section 1 | Logical Reasoning: Q9

LR Question 9 Explanation

QUESTION TEXT: Legal doctrine: The government cannot appropriate private property …

QUESTION TYPE: Principle – Justify

ANALYSIS: The doctrine is: if the government appropriates someone’s property, they have to pay them.

The application gives us a scenario. The regulation will lower market value. If the government adopts this regulation, they have to pay the owners.

Usually, appropriation means taking property. So the application is assuming that lowering market value counts as appropriation. Otherwise, there wouldn’t be a basis to conclude that the government has to pay the owners.

Side note: This is actually something you learn about in law school!

___________

1. We’re not comparing lakeside property to other types of property. Besides, the application isn’t saying whether the government should adopt the regulation. It’s saying that if they do, they have to pay the owners.
2. There’s nothing in the doctrine or application about balancing owner rights versus environmental interests.
3. CORRECT. This justifies the application that the government should offer compensation. If significant value-diminishing regulation counts as appropriation, then we can apply the legal doctrine to Lake Crowell.
4. This points in the opposite direction. It suggests compensation may not be owed here.
5. Whether appropriation is permissible in general doesn’t explain why compensation is required here.