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Lake Tahoe

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...

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency

The Court holds that moratoria on development imposed during the process of devising a comprehensive land use plan do not constitute a per se taking of property requiring compensation under the Takings Clause of the U.S. Constitution....

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Reg'l Planning Agency

The court upholds a district court decision dismissing landowners' takings claims against the Lake Tahoe Basin regional planning agency based on a temporary development moratorium issued by the agency. The court first holds that it will...

Tahoe-Sierra Preservation Council, Inc. v. Tahoe Reg'l Planning Agency

The court holds that a planning agency for the Lake Tahoe area must compensate property owners for taking their property through development restrictions. The development plan for the Lake Tahoe area significantly restricts development...

Suitum v. Tahoe Reg'l Planning Agency

The Court holds that a landowner's takings claim against a regional planning agency is ripe for adjudication. The agency determined that the landowner may not develop her property but is entitled to transferable development rights (TDRs...

Suitum v. Tahoe Reg'l Planning Agency

The court holds that a landowner's takings claim against a regional land planning agency is unripe. A regional development plan specifies four criteria that a landowner must meet before building a single-family residence: a numerical...