Tahoe Sierra Preservation Council v. Tahoe Regional Planning Agency
- Case Date: 9/12/2001
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On April 23, 2002, the U.S. Supreme Court ruled that a government is not automatically required to provide compensation to property owners when it prohibits all use of property, so long as the prohibition is only temporary. The decision was a setback for WLF, which filed a brief urging adoption of a per se rule requiring compensation, under the Fifth Amendment's Takings Clause, in all such cases. The Court ruled that compensation claims filed in response to temporary moratoria on land use should be judged on a case-by-case basis, taking into account a wide variety of factors - including the duration of the moratorium.
More Information and Downloads:
9/12/2001: Download the Brief
Litigation Update: Court Declines To Require Payment For Temporary Taking Of Property