Congressional Digest

Supreme Court Debates October 2002 No. 7 Vol. 5
Opinion of the Court

Land-Use Regulation

Compensating Owners for Development Moratoriums

Opinion of the Court

A Temporary Development Moratorium Does Not Constitute a Taking

The question presented is whether a moratorium on development imposed during the process of devising a comprehensive land-use plan constitutes a per se taking of property requiring compensation under the Takings Clause of the United States Constitution. Lake Tahoe’s exceptional clarity is attributed to the absence of algae that obscures the waters of most other lakes. Unfortunately, the lake’s pristine state has deteriorated rapidly over the past 40 years; increased land development in the Lake Tahoe Basin has threatened the "noble sheet of blue water" beloved by Mark Twain and countless others. Physical vs. Regulatory Takings The text of the…

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