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Constitutional Law Keyed to Choper
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
Citation:
535 U.S. 302 (2002)Facts
Lake Tahoe, renowned for its exceptional clarity and beauty, faced increasing environmental degradation due to rapid development in the surrounding basin. The Tahoe Regional Planning Agency (TRPA) was created through an interstate compact between California and Nevada to coordinate development and protect the lake’s natural resources. In 1981, TRPA enacted Ordinance 81-5, which effectively prohibited construction on sensitive lands (SEZ lands and land capability classes 1, 2, and 3) while the agency worked on developing environmental threshold carrying capacities. When TRPA failed to meet its deadline for adopting a regional plan, it enacted Resolution 83-21, which completely suspended all project reviews and approvals until a new regional plan was adopted in 1984. Together, these two moratoria prohibited virtually all development on sensitive lands for 32 months. The petitioners, who had purchased their properties before these restrictions with the intention of building homes, filed suit claiming that the moratoria constituted a taking of their property without just compensation. The District Court found a categorical taking under Lucas, but the Ninth Circuit reversed, holding that the temporary nature of the restrictions precluded finding a categorical taking.
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