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Source Takings and Land Use Takings and Land Use Matched to this deck.

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After a dispute over land, financing, use, or transfer reaches court, one party asks for enforcement of a claimed property right. A permit required a landowner to dedicate access unrelated to project impact. The disputed action was partly authorized but exceeded an important limitation. The parties disagree about the legal effect of those facts. Which option gives the best analysis?

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Reject the claim or defense solely because the opposing party disputes a required fact. The court should resolve the dispute by applying the operative rule to the material facts: The answer should identify the governing rule for Takings and Land Use and apply it to the operative facts. Assume the doctrine applies because one element appears satisfied, even if the remaining elements are contested. Import a rule from a nearby issue instead of applying the rule triggered by these facts.

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