Tahoe and Beyond: Defensible Moratoria, California's Experience

Session: Defensible Moratoria

April 1, 8:45 AM

Daniel J. Curtin, Jr
Bingham McCutchen, LLP

Other papers from this session: Defensible Moratoria

Abstract

The U.S. Supreme Court decision in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, in 2002 confirms the ability of local governments to continue to use temporary development moratoria as the legitimate planning tool without necessarily worrying about compensating property owners for the time period during which the development is banned or delayed. This paper highlights California’s experience in the use of existing state law in imposing a statutory development moratoria for up to two-year periods while planning studies are underway.

Tahoeand Beyond: Defensible Moratoria(download rtf document)

Author and Copyright Information

Copyright 2003 by author

Daniel J. Curtin, Jr.
Attorney at Law
daniel.curtin@bingham.com
Bingham McCutchen, LLP