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Economic viability test

Of Nominal Value: The Impact of Tahoe-Sierra on Lucas and the Fundamental Right to Use Private Property

In the 1992 case of Lucas v. South Carolina Coastal Council,1 the U.S. Supreme Court held that "when the owner of real property has been called upon to sacrifice all economically beneficial uses in the...

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...

Temporary Regulatory Takings and Development Moratoria: The Murky View From Lake Tahoe

In its landmark decision in First English Evangelical Lutheran Church of Glendale v. County of Los Angeles,2 the U.S. Supreme Court established that temporary regulatory takings must be compensated under...

Del Monte Dunes, Good Faith, and Land Use Regulation

The U.S. Supreme Court's property rights jurisprudence always has had a Delphic quality. During this century, its seminal expressions have been Justice Holmes' enigmatic "too far" language in Pennsylvania Coal Co. v. Mahon...

Revving the Engines in Neutral: City of Monterey v. Del Monte Dunes at Monterey, Ltd.

Editors' Summary: The U.S. Supreme Court's recent decision in City of Monterey v. Del Monte Dunes at Monterey, Ltd., and its implications for takings challenges, are comprehensively discussed in this Article. The author...