Property Law Keyed to Dukeminier
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
Facts
This case involves two moratoria ordered by respondent Tahoe Regional Planning Agency (TRPA) to maintain the status quo while studying the impact of development on Lake Tahoe and designing a strategy for environmentally sound growth. As a result of the two directives nearly all development on a substantial portion of the property subject to TRPA’s jurisdiction was prohibited for a period of 32 months. The beautiful, clear lake Tahoe faced an upsurge of development in the area causing “increased nutrient loading of the lake largely because of the increase in impervious coverage of land in the Basin resulting from that development.” To combat this problem actions were taken and eventually TRPA adopted Resolution 83-21 “which completely suspended all project reviews and approvals, including the acceptance of new proposals,” effectively prohibiting all construction on sensitive lands in California and on all SEZ lands in the entire basin for 32 months, and on sensitive lands in Nevada for 8 months. The plaintiffs argue that the law denies them the use of their land and constitute a takings under the 5th and 14th amendment, entitling them to just compensation.
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