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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 parties disagree about the legal effect of those facts. How is the court most likely to rule?

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Stop the analysis once the proponent states a plausible rule, without addressing the strongest counterargument. 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. Treat the formal label attached to the claim or defense as conclusive and disregard facts bearing on the rule's elements.

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