LSAT 109 – Section 4 – Question 17

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PT109 S4 Q17
+LR
+Exp
Resolve reconcile or explain +RRE
A
9%
163
B
5%
162
C
2%
157
D
75%
167
E
9%
161
139
152
165
+Medium 150.49 +SubsectionHarder

Council member: The preservation of individual property rights is of the utmost importance to the city council. Yet, in this city, property owners are restricted to little more than cutting grass and weeding. Anything more extensive, such as remodeling, is prohibited by our zoning laws.

"Surprising" Phenomenon

Why does the city council prohibit all but the simplest home modifications when it believes so strongly in individual property rights?

Objective

A hypothesis resolving this inconsistency must present evidence that zoning laws somehow protect property rights. This protection must, in the city council's view, outweigh the potential infringement caused by the restrictions on home improvements.

A
Property owners are sometimes allowed exemptions from restrictive zoning laws.

This does not explain why the city council enforces zoning laws in the first place. It does not address how those zoning laws are compatible with the council's emphasis on individual property rights.

B
It is in the best interest of property owners to maintain current laws in order to prevent an increase in their property taxes.

This does not explain the city council's support for zoning laws. The council member states that individual property rights, not the financial interests of property owners, are its priority.

C
The city council places less importance on property rights than do property owners.

This does not explain why the city council would support zoning laws that restrict property rights. The council places “the utmost importance” on property rights, and thus should act to support those rights, regardless of the beliefs of property owners.

D
An individual’s property rights may be infringed upon by other people altering their own property.

This reconciles the city council’s support for property rights and its enforcement of zoning laws. Zoning laws protect individual property rights by preventing neighbors from infringing upon them indirectly.

E
Zoning laws ensure that property rights are not overly extensive.

This deepens the inconsistency. The city council claims to prioritize property rights, so it should not support zoning laws that limit those rights.

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