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Question
John owned a parcel of land on which he wanted to build an apartment building. However, his land is a swamp and he could not get a permit from the Army Corps of Engineers to drain the swamp. He had to buy a neighboring piece of land and build the apartment on that. Since he has been effectively deprived of being able to make any economically viable use of his property, his attorney suggests that he may be able to pursue a claim for regulatory taking and receive compensation from the government for the fair market value of the interest of his land. What is the basis for such a claim?
A. The Marine Protection, Research, and Sanctuaries Act
B. The Fourth Amendment
C. The Clean Water Act
D. The Fifth Amendment
Answer
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