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Article: United States Supreme Court: 32-Month Development Moratorium Not Automatically a Taking.(Tahoe-Sierra Preservation Council Inc. v. Tahoe Regional Planning Agency)(Brief Article)
- Article from:
- Mondaq Business Briefing
- Article date:
- July 17, 2002
CopyrightCOPYRIGHT 2002 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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In a departure from the trend in recent Supreme Court land use decisions that have favored property owners, the Supreme Court, in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency (No. 00-1167) held that a 32-month development moratorium put in place by the Tahoe-Sierra Preservation Council was not automatically a taking. The 6-3 decision was entered on April 23, 2002. The Supreme Court's holding allows governments to establish construction moratoria long enough to take the time necessary to formulate land use policies and associated development regulations.
The Tahoe Regional Planning Agency is responsible for developing a comprehensive ...