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Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency: Is There a There There?

Posted:
10/01/2002

Joel R. Burcat, Partner and Chair of Saul Ewing's Environment and Natural Resources Practice Group Harrisburg office, co-authors this article regarding the April 23, 2002 decision the U.S. Supreme Court ruled in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency. The ruling was that a temporary prohibition of the use of land does not effect a taking for which compensation is due under the Takings Clause of the U.S. Constitution. The ruling, coming less than 10 months after the Court's ruling in Palazzolo v. Rhode Island, in which the Court appeared to foreshadow that it would be charting a clear course to finally explain the murkier parameters of regulatory takings law, suggests now that the answer to some of these questions is that "there is no there there."