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Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
Citation:535 U.S. 302 (2002).
The Defendant, Tahoe Regional Planning Agency, created a comprehensive land use plan to help maintain the status quo while studying the impact of development on Lake Tahoe and making a strategy for environmentally sound growth. As part of this plan, the Defendant enacted two moratoria which prohibited virtually all development on sensitive lands in the California part of the Tahoe Basin for 32 months and on sensitive lands in the Nevada Tahoe Basin for 8 months. The Plaintiff, Tahoe-Sierra Preservation Council, Inc., sued the Defendant on behalf of over two-thousand landowners in the Tahoe Basin. The Plaintiff claimed that the two moratoria constituted unconstitutional takings of these landowners’ property without just compensation as they were denied all economic use of their property during the time frame.
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