Under the U.S. Constitution the government must compensate landowners when it denies them all use of their land. But what if it stops use for only three – or six years?
The U.S. Supreme Court has now ruled, in a six-to-three decision, that while such bans may be compensated “when they go too far,” a 32-month moratorium on development did not cross that line. Tahoe-Sierra Preservation Council Inc., et al. v. Tahoe Regional Planning Agency, et al., U.S. Supreme Court (No. 001167, April 23, 2002).
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