RECENT FEDERAL DECISIONS

June 2002

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United States Supreme Court Upholds Temporary Development Moratorium in Lake Tahoe Area against Takings Challenge
Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency

The United States Supreme Court recently held that two successive development moratoria totaling 32 months do not automatically constitute a taking of property requiring just compensation under the Fifth Amendment to the United States Constitution. This decision represents a decisive victory to local planning agencies, who may now continue to utilize reasonable development moratoria as land use planning tools, without having to compensate property owners.