It's about Time: The United States Supreme Court Correctly Rejects Temporal Severance in Tahoe Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency
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Authors
Barta, Paul
Issue Date
2003
Volume
36
Issue
Type
Journal Article
Language
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Abstract
INTRODUCTION|In Tahoe Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, an association of property owners asserted that temporary moratoria on development deprived them of the beneficial use of their property in violation of the Takings Clause of the Fifth Amendment of the United States Constitution. The Takings Clause requires that individuals be compensated for property that the government has taken "for public use, without just compensation." The United States Supreme Court has applied the Takings Clause in two contexts. First, the Court has determined that the Takings Clause requires the government to compensate property owners on a per se basis when the government physically invades or appropriates property. Second, the Court has-ruled that the government must compensate property owners when a government regulation goes "too far" and deprives property owners of the beneficial use of their property. In the regulatory context, the Court has reasoned that regulations permanently depriving a property owner of all beneficial use require compensation on a per se basis, whereas regulations that partially deprive a property owner of beneficial use should be measured on an ad hoc basis...
Description
Citation
36 Creighton L. Rev. 479 (2002-2003)
Publisher
Creighton University School of Law