A Turning of the Tide: The Tahoe Regulatory Takings Decision
On April 23, 2002, in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency,1 the U.S. Supreme Court rejected a regulatory taking claim based on a nearly three-year moratorium on development in the Lake Tahoe Basin. The Court split 6 to 3, with Justice John Paul Stevens writing the decision for the Court, and Chief Justice William H. Rehnquist and Justices Antonin Scalia and Clarence Thomas dissenting.