preservation council et al tahoe regional planning agency et argued january decided april respondent tahoe regional planning agency trpa imposed two moratoria totaling months development lake tahoe basin formulating comprehensive plan area petitioners real estate owners affected moratoria association representing owners filed parallel suits later consolidated claiming trpa actions constituted taking property without compensation district found trpa effected partial taking analysis set penn central transp new york city however concluded moratoria constitute taking categorical rule announced lucas south carolina coastal council trpa temporarily deprived petitioners economically viable use land appeal trpa successfully challenged district takings determination finding question facial challenge whether lucas rule applied ninth circuit held regulations temporary impact petitioners fee interest categorical taking occurred lucas applied relatively rare case regulation permanently denies productive use entire parcel whereas moratoria involved temporal slice fee interest first english evangelical lutheran church glendale county los angeles concerned question whether compensation appropriate remedy temporary taking whether taking occurred also concluded penn central ad hoc balancing approach proper framework analyzing whether taking occurred petitioners challenged district conclusion make claim penn central factors held moratoria ordered trpa per se takings property requiring compensation takings clause pp although physical takings jurisprudence part involves straightforward application per se rules regulatory takings jurisprudence characterized essentially ad hoc factual inquiries penn central concurring longstanding distinction physical regulatory takings makes inappropriate treat precedent one controlling petitioners rely first english lucas regulatory takings cases argue categorical rule whenever government imposes deprivation economically viable use property matter brief effects taking first english sever segment remainder fee simple estate ask whether segment taken entirety ignore penn central admonition focus parcel whole justifies creating new categorical rule pp fairness justice better served categorical rule deprivation economic use matter brief constitutes compensable taking rule apply numerous normal delays obtaining building permits require changes practices long considered permissible exercises police power important change law product legislative rulemaking adjudication importantly reasons set justice concurring opinion palazzolo better approach temporary regulatory taking claim requires careful examination weighing relevant circumstances one length delay narrower rule excluding normal delays processing permits covering delays year less severe impact prevailing practices still impose serious constraints planning process moratoria essential tool successful development interest informed decisionmaking counsels adopting per se rule treat interim measures takings regardless planners good faith landowners reasonable expectations moratorium actual impact property values financial constraints compensating property owners moratorium may force officials rush planning process abandon practice altogether interest protecting decisional process even stronger agency developing regional plan considering permit single parcel trpa obtained benefit comments criticisms interested parties deliberations categorical rule tied deliberations length likely create added pressure decisionmakers quickly resolve questions disadvantaging landowners interest groups less organized familiar planning process moreover temporary development ban less risk individual landowners singled bear special burden shared public whole may true moratorium lasting one year viewed special skepticism district found instant delay unreasonable restriction duration one factor consider appraising regulatory takings claims respect factor temptation adopt per se rules either direction must resisted pp affirmed stevens delivered opinion kennedy souter ginsburg breyer joined rehnquist filed dissenting opinion scalia thomas joined thomas filed dissenting opinion scalia joined preservation council et petitioners tahoe regional planning agency et al writ certiorari appeals ninth circuit april justice stevens delivered opinion question presented whether moratorium development imposed process devising comprehensive plan constitutes per se taking property requiring compensation takings clause case actually involves two moratoria ordered respondent tahoe regional planning agency trpa maintain status quo studying impact development lake tahoe designing strategy environmentally sound growth first ordinance effective august august whereas second restrictive resolution effect august april result two directives virtually development substantial portion property subject trpa jurisdiction prohibited period months although question decide relates period brief description events leading moratoria comment two permanent plans trpa adopted thereafter clarify narrow scope holding relevant facts undisputed appeals reversing district question law accepted findings fact party challenges findings agree lake tahoe uniquely beautiful supp president clinton right call national treasure must protected preserved mark twain aptly described clarity waters merely transparent dazzlingly brilliantly ibid emphasis added quoting twain roughing lake tahoe exceptional clarity attributed absence algae obscures waters lakes historically lack nitrogen phosphorous nourish growth algae ensured transparency unfortunately lake pristine state deteriorated rapidly past years increased land development lake tahoe basin basin threatened noble sheet blue beloved twain countless others district found ramatic decreases clarity first began noted shortly development lake began earnest lake unsurpassed beauty seems wellspring undoing upsurge development area caused increased nutrient loading lake largely increase impervious coverage land basin resulting development ibid impervious coverage asphalt concrete buildings even packed dirt prevents precipitation absorbed soil instead water gathered concentrated coverage larger amounts water flowing driveway roof erosive force scattered raindrops falling dispersed area especially one covered indigenous vegetation softens impact raindrops ibid given trend district predicted unless process stopped lake lose clarity trademark blue color becoming green opaque eternity areas basin steeper slopes produce runoff therefore usually considered high hazard lands moreover certain areas near streams wetlands known stream environment zones sezs especially vulnerable impact development natural state act filters much debris runoff carries obvious response problem restrict development around lake especially sez lands well areas already naturally prone runoff conservation efforts focused controlling growth high hazard areas problems associated burgeoning development began receive significant attention jurisdiction basin occupies square miles shared california nevada five counties several municipalities forest service federal government legislatures two adopted tahoe regional planning compact see cal ch stats congress approved pub stat compact set goals protection preservation lake created trpa agency assigned coordinate regulate development basin conserve natural resources lake country estates tahoe regional planning agency pursuant compact trpa adopted land use ordinance divided land basin seven land capability districts based largely steepness also taking consideration factors affecting runoff district assigned land coverage coefficient recommended limit percentage land covered impervious surface limits ranged districts districts land districts characterized high hazard sensitive land districts low hazard sez lands though often treated separate category actually subcategory district supp unfortunately ordinance allowed numerous exceptions significantly limit construction new residential housing california became dissatisfied trpa withdrew financial support unilaterally imposed stricter regulations part basin located california eventually two approval congress president adopted extensive amendment compact became effective december pub stat cal govt code ann west supp rev stat tahoe regional planning compact compact redefined structure functions voting procedures trpa app stat supp directed develop regional environmental threshold carrying capacities term embraced standards air quality water quality soil conservation vegetation preservation noise stat compact provided trpa shall adopt standards within months ithin year adoption june shall adopt amended regional plan achieves maintains carrying capacities compact also contained finding legislatures california nevada order make effective regional plan revised trpa necessary halt temporarily works development region might otherwise absorb entire capability region development direct harmony ultimate plan accordingly period prior adoption final plan may whichever earlier compact prohibited development new subdivisions condominiums apartment buildings also prohibited city county basin granting permits granted period trpa also working development regional water quality plan comply clean water act despite fact trpa performed obligations good faith best ability supp months concluded meet deadlines compact june therefore enacted ordinance imposing first two moratoria development petitioners challenge proceeding ordinance provided become effective august remain effect pending adoption permanent plan required compact app district made detailed analysis ordinance noting might even prohibit hiking picnicking sez lands construed essentially banning construction activity involved removal vegetation creation land coverage sez lands well class lands california supp permits obtained construction nevada certain findings made undisputed however ordinance prohibited construction new residences sez lands either state class lands california given complexity task defining environmental threshold carrying capacities division opinion within trpa governing board district found unsurprising trpa failed adopt thresholds august roughly two months compact deadline ibid liberal reading compact trpa august adopt new regional plan stat unfortunately surprisingly regional plan place date supp trpa therefore adopted resolution completely suspended project reviews approvals including acceptance new proposals remained effect new regional plan adopted april thus resolution imposed moratorium prohibiting construction high hazard lands either state combination ordinance resolution effectively prohibited construction sensitive lands california sez lands entire basin months sensitive lands nevada sez lands eight months two moratoria issue case day plan adopted state california filed action seeking enjoin implementation ground failed establish controls sufficiently stringent protect basin district entered injunction upheld appeals remained effect completely revised plan adopted injunction plan contained provisions prohibited new construction sensitive lands basin case comes us however occasion consider validity provisions ii approximately two months adoption plan petitioners filed parallel actions trpa defendants federal courts nevada california ultimately consolidated trial district nevada petitioners include tahoe sierra preservation council nonprofit membership corporation representing owners improved unimproved parcels real estate lake tahoe basin class individual owners vacant lots located either sez lands parts districts individuals purchased properties prior effective date compact app primarily purpose constructing time choosing home serve permanent retirement vacation residence made purchases understanding construction authorized provided complied reasonable requirements building petitioners complaints gave rise protracted litigation produced four opinions appeals ninth circuit several published district present purposes however need describe courts disposition claim three actions taken trpa ordinance resolution regional plan constituted takings petitioners property without indeed challenge plan us district appeals held federal injunction implementing plan rather plan caused injuries petitioners allegedly suffered rulings encompassed within limited grant thus limit discussion lower courts disposition claims based moratorium ordinance ensuing moratorium resolution district began constitutional analysis identifying distinction direct government appropriation property without compensation government regulation imposes severe restriction owner use property produces nearly result direct appropriation supp noted claims case regulatory takings variety citing decision agins city tiburon stated regulation constitute taking either substantially advance legitimate state interest denies owner economically viable use land supp district rejected first alternative based finding development high hazard lands petitioners lead significant additional damage lake respect second alternative first considered whether analysis adopted penn central transp new york city lead conclusion trpa effected partial taking whether actions effected total taking emphasizing temporary nature regulations testimony average holding time lot tahoe area lot purchase home construction years failure petitioners offer specific evidence harm district concluded consideration penn central factors clearly leads conclusion taking supp absence evidence regarding individual plaintiffs evaluated average purchasers intent found purchasers reasonable expectations able build homes land within period involved lawsuit district difficulty total taking issue although satisfied petitioners property retain value found temporarily deprived economically viable use land concluded actions therefore constituted categorical takings decision lucas south carolina coastal council rejected trpa response ordinance resolution reasonable temporary planning moratoria excluded lucas categorical approach thought fairly clear interim actions viewed takings prior decisions lucas first english evangelical lutheran church glendale county los angeles oning boards cities counties agencies used time maintain status quo pending study governmental decision making supp quoting williams central app expressing uncertainty whether cases required holding moratoria development automatically effect takings concluded trpa actions partly neither ordinance resolution even though intended temporary beginning contained express termination date supp accordingly ordered trpa pay damages petitioners period august april owning class property nevada period august april parties appealed trpa successfully challenged district takings determination petitioners unsuccessfully challenged dismissal claims based plans petitioners however challenge district findings conclusions concerning application penn central respect two moratoria ninth circuit noted petitioners expressly disavowed argument regulations constitute taking ad hoc balancing approach described penn central dispute restrictions imposed properties appropriate means securing purpose set forth compact accordingly question whether rule set forth lucas applies whether categorical taking occurred ordinance resolution denied plaintiffs economically beneficial productive use land moreover petitioners brought facial challenge narrow inquiry appeals whether mere enactment regulations constituted taking contrary district appeals held regulations temporary impact petitioners fee interest properties categorical taking occurred reasoned property interests may many different dimensions example dimensions property interest may include physical dimension describes size shape property question functional dimension describes extent owner may use dispose property question temporal dimension describes duration property interest base plaintiffs argument conceptually sever plaintiff fee interest discrete segments least one dimensions temporal one treat segments separate distinct property interests purposes takings analysis theory argue categorical taking one temporal segments putting one side cases physical invasion occupation read cases involving regulatory taking claims focus impact regulation parcel whole view planning regulation prevents development parcel temporary period time conceptually different restriction permanently denies use discrete portion property permanently restricts type use across parcel situation regulation affects portion parcel whether limited time use space deprive owner economically beneficial appeals distinguished lucas applying relatively case regulation denies productive use entire parcel whereas moratoria involve temporal fee interest form regulation widespread well established also rejected petitioners argument decision first english controlling according appeals first english concerned question whether compensation appropriate remedy temporary taking whether taking occurred faced squarely question whether taking occurred held penn central appropriate framework analysis petitioners however failed challenge district conclusion make taking claim penn central factors dissent five judges ninth circuit denied petition rehearing en banc dissenters opinion panel holding faithful decisions first english lucas justice holmes admonition pennsylvania coal mahon strong public desire improve public condition enough warrant achieving desire shorter cut constitutional way paying change importance case granted certiorari limited question stated beginning opinion affirm iii petitioners make facial attack ordinance resolution contend mere enactment temporary regulation effect denies property owner viable economic use property gives rise unqualified constitutional obligation compensate value use period hence face uphill battle keystone bituminous coal assn debenedictis made especially steep desire categorical rule requiring compensation whenever government imposes moratorium development proposed rule need evaluate landowners expectations actual impact regulation individual importance public interest served regulation reasons imposing temporary restriction petitioners enough regulation imposes temporary deprivation matter brief economically viable use trigger per se rule taking occurred petitioners assert opinions first english lucas already endorsed view logical application principle takings clause designed bar government forcing people alone bear burdens fairness justice borne public whole armstrong shall first explain cases support proposed categorical rule indeed fairly read implicitly reject next shall explain armstrong principle requires rejection rule well less extreme position advanced petitioners oral argument view answer abstract question whether temporary moratorium effects taking neither yes always never answer depends upon particular circumstances resisting temptation adopt amount per se rules either direction palazzolo rhode island concurring conclude circumstances case best analyzed within penn central framework iv text fifth amendment provides basis drawing distinction physical takings regulatory takings plain language requires payment compensation whenever government acquires private property public purpose whether acquisition result condemnation proceeding physical appropriation constitution contains comparable reference regulations prohibit property owner making certain uses private jurisprudence involving condemnations physical takings old republic part involves straightforward application per se rules regulatory takings jurisprudence contrast recent vintage characterized essentially ad hoc factual inquiries penn central designed allow careful examination weighing relevant circumstances palazzolo concurring government physically takes possession interest property public purpose categorical duty compensate former owner pewee coal regardless whether interest taken constitutes entire parcel merely part thereof thus compensation mandated leasehold taken government occupies property purposes even though use temporary general motors petty motor similarly government appropriates part rooftop order provide cable tv access apartment tenants loretto teleprompter manhattan catv planes use private airspace approach government airport causby required pay share matter small government regulation merely prohibits landlords evicting tenants unwilling pay higher rent block hirsh bans certain private uses portion owner property village euclid ambler realty keystone bituminous coal assn debenedictis forbids private use certain airspace penn central transp new york city constitute categorical taking first category cases requires courts apply clear rule second necessarily entails complex factual assessments purposes economic effects government actions yee escondido see also loretto keystone longstanding distinction acquisitions property public use one hand regulations prohibiting private uses makes inappropriate treat cases involving physical takings controlling precedents evaluation claim regulatory taking vice versa reason ask whether physical appropriation advances substantial government interest whether deprives owner economically valuable use apply precedent physical takings context regulatory takings claims regulations ubiquitous impact property values tangential way often completely unanticipated ways treating per se takings transform government regulation luxury governments afford contrast physical appropriations relatively rare easily identified usually represent greater affront individual property case present classi taking government directly appropriates private property use eastern enterprises apfel instead interference property rights arises public program adjusting benefits burdens economic life promote common good penn central perhaps recognizing fundamental distinction petitioners wisely place emphasis analogies physical takings cases instead rely principally decision lucas south carolina coastal council regulatory takings case nevertheless applied categorical rule argue penn central framework inapplicable brief review cases led decision lucas however help explain holding case answer question presented noted lucas justice holmes opinion pennsylvania coal mahon gave birth regulatory takings subsequent opinions repeatedly consistently endorsed holmes observation regulation goes far recognized taking justice holmes provide standard determining regulation goes far reject view expressed justice brandeis dissent taking property remained possession owner appropriated used mahon neither physical appropriation public use ever necessary component regulatory taking decades following decision generally eschewed set formula determining far far choosing instead engage essentially ad hoc factual inquiries lucas quoting penn central indeed still resist temptation adopt per se rules cases involving partial regulatory takings preferring examine number factors rather simple mathematically precise justice brennan opinion penn central however make clear even though multiple factors relevant analysis regulatory takings claims cases must focus parcel whole taking jurisprudence divide single parcel discrete segments attempt determine whether rights particular segment entirely abrogated deciding whether particular governmental action effected taking focuses rather character action nature extent interference rights parcel whole city tax block designated landmark site requirement aggregate must viewed entirety explains example regulation prohibited commercial transactions eagle feathers bar uses impose physical invasion restraint upon taking andrus allard also clarifies restrictions use limited portions parcel ordinances gorieb fox requirement coal pillars left place prevent mine subsidence keystone bituminous coal assn debenedictis considered regulatory takings cases affirmed owner possesses full bundle property rights destruction one strand bundle taking andrus foregoing cases considered whether particular regulations gone far therefore invalid none addressed separate remedial question compensation measured regulatory taking established dissenting opinion san diego gas elec san diego justice brennan identified question explained answer constitutional rule propose requires finds police power regulation effected taking government entity must pay compensation period commencing date regulation first effected taking ending date government entity chooses rescind otherwise amend regulation justice brennan proposed rule subsequently endorsed first english first english certainly significant decision nothing say today qualifies holding nonetheless important recognize address case quite different logically prior question whether temporary regulation issue fact constituted taking first english unambiguously repeatedly characterized issue decided compensation question remedial question disposition case grounds isolates remedial question consideration see also statement holding equally unambiguous merely hold government activities already worked taking use property subsequent action government relieve duty provide compensation period taking effective emphasis added fact first english expressly disavowed ruling merits takings issue california courts decided remedial question assumption taking alleged reject appellee suggestion must independently evaluate adequacy complaint resolve takings claim merits reach remedial question remand california courts concluded taking first english evangelical church glendale county los angeles cal app cal rptr declined review decision extent first english referenced antecedent takings question identified two reasons regulation temporarily denying owner use property might constitute taking first recognized county might avoid conclusion compensable taking occurred establishing denial use insulated part state authority enact safety regulations second limited holding facts presented recognized quite different questions arise case normal delays obtaining building permits changes zoning ordinances variances like us thus decision first english surely approve implicitly rejected categorical submission petitioners advocating similarly decision lucas dispositive question presented although lucas endorsed applied categorical rule one petitioners propose lucas purchased two residential lots lots rendered valueless statute enacted two years later trial found taking occurred ordered compensation representing value fee simple estate plus interest statute read time trial effected taking unconditional permanent state appeal pending statute amended authorize exceptions might allowed lucas obtain building permit despite fact amendment gave state opportunity dispose appeal ripeness grounds resolved merits permanent takings claim reversed since lucas reason proceed temporary taking theory trial decided case permanent taking theory trial state addressed ibid categorical rule applied lucas compensation required regulation deprives owner economically beneficial uses land rule statute wholly eliminated value lucas fee simple title clearly qualified taking holding limited extraordinary circumstance productive economically beneficial use land permitted emphasis word text opinion effect reiterated explaining categorical rule apply diminution value instead anything less complete elimination value total loss acknowledged require kind analysis applied penn central lucas certainly holding permanent obliteration value fee simple estate constitutes categorical taking answer question whether regulation prohibiting economic use land period legal effect petitioners seek bring case rule announced lucas arguing effectively sever segment remainder landowner fee simple estate ask whether segment taken entirety moratoria course defining property interest taken terms regulation challenged circular property divided every delay become total ban moratorium normal permit process alike constitute categorical takings petitioners conceptual severance argument unavailing ignores penn central admonition regulatory takings cases must focus parcel whole extent portion property taken portion always taken entirety relevant question however whether property taken portion parcel question thus district erred disaggregated petitioners property temporal segments corresponding regulations issue analyzed whether petitioners deprived economically viable use period supp starting point analysis ask whether total taking entire parcel penn central proper interest real property defined metes bounds describe geographic dimensions term years describes temporal aspect owner interest see restatement property dimensions must considered interest viewed entirety hence permanent deprivation owner use entire area taking parcel whole whereas temporary restriction merely causes diminution value logically fee simple estate rendered valueless temporary prohibition economic use property recover value soon prohibition lifted cf agins city tiburon neither lucas first english regulatory takings cases compels us accept petitioners categorical submission fact cases make clear categorical rule lucas carved extraordinary case regulation permanently deprives property value default rule remains regulatory taking context require fact specific inquiry nevertheless consider whether interest protecting individual property owners bearing public burdens fairness justice borne public whole armstrong justifies creating new rule considerations fairness justice arguably support conclusion trpa moratoria takings petitioners property based seven different theories first even though previously done might announce categorical rule interest fairness justice compensation required whenever government temporarily deprives owner economically viable use property second craft narrower rule cover temporary restrictions except normal delays obtaining building permits changes zoning ordinances variances like put one side opinion first english sixth apart district finding trpa actions represented proportional response serious risk harm lake petitioners might argued moratoria substantially advance legitimate state interest see agins monterey finally petitioners challenged application moratoria individual parcels instead making facial challenge might prevailed penn central analysis case comes us however none last four theories available rolling moratoria theory presented petition certiorari order granting review encompass issue case tried district reviewed appeals theory two moratoria separate taking one period period already noted recovery either bad faith theory theory state interests insubstantial foreclosed district unchallenged findings fact recovery penn central analysis also foreclosed petitioners expressly disavowed theory appeal district conclusion evidence support nonetheless three per se theories fairly encompassed within question decided answer respect theories ultimate constitutional question whether concepts fairness justice underlie takings clause better served one categorical rules penn central inquiry relevant circumstances particular cases perspective extreme categorical rule deprivation economic use matter brief constitutes compensable taking surely sustained petitioners broad submission apply numerous normal delays obtaining building permits changes zoning ordinances variances like well orders temporarily prohibiting access crime scenes businesses violate health codes buildings areas foresee rule undoubtedly require changes numerous practices long considered permissible exercises police power justice holmes warned mahon overnment hardly go extent values incident property diminished without paying every change general law rule required compensation every delay use property render routine government processes prohibitively expensive encourage hasty making important change law product legislative rulemaking rather importantly reasons set length justice concurring opinion palazzolo rhode island persuaded better approach claims regulation effected temporary taking requires careful examination weighing relevant circumstances opinion justice specifically considered role temporal relationship regulatory enactment title acquisition play analysis takings claim occasion address particular issue case involves different temporal relationship distinction temporary restriction one permanent comments fairness justice inquiry nevertheless instructive today holding mean timing regulation enactment relative acquisition title immaterial penn central analysis indeed much error expunge consideration takings inquiry accord exclusive significance polestar instead remains principles set forth penn central cases govern partial regulatory takings cases interference expectations one number factors must examine fifth amendment forbids taking private property public use without compensation recognized constitutional guarantee designed bar government forcing people alone bear public burdens fairness justice borne public whole penn central quoting armstrong concepts fairness justice underlie takings clause course less fully determinate accordingly eschewed set formula determining justice fairness require economic injuries caused public action compensated government rather remain disproportionately concentrated persons penn central supra quoting goldblatt hempstead outcome instead depends largely upon particular circumstances case penn central supra quoting central eureka mining rejecting petitioners per se rule hold temporary nature restriction precludes finding effects taking simply recognize given exclusive significance one way narrower rule excluded normal delays associated processing permits covered delays year certainly less severe impact prevailing practices still impose serious financial constraints planning unlike extraordinary circumstance government deprives property owner economic use lucas moratoria like ordinance resolution used widely among planners preserve status quo formulating permanent development fact consensus planning community appears moratoria interim development controls often called essential tool successful yet even weak version petitioners categorical rule treat interim measures takings regardless good faith planners reasonable expectations landowners actual impact moratorium property interest facilitating informed decisionmaking regulatory agencies counsels adopting per se rule impose severe costs deliberations otherwise financial constraints compensating property owners moratorium may force officials rush planning process abandon practice altogether extent communities forced abandon using moratoria landowners incentives develop property quickly comprehensive plan enacted thereby fostering inefficient growth finding compact presumably endorsed three legislative bodies participated enactment attests importance concern stat legislatures california nevada find order make effective regional plan revised agency necessary halt temporarily works development region might otherwise absorb entire capability region development direct harmony ultimate plan justice kennedy explained opinion palazzolo interest informed decisionmaking underlies decisions imposing strict ripeness requirement landowners asserting regulatory takings claims cases stand important principle landowner may establish taking authority opportunity using reasonable procedures decide explain reach challenged regulation ripeness rules takings claim based law regulation alleged go far burdening property depends upon landowner first followed reasonable necessary steps allow regulatory agencies exercise full discretion considering development plans property including opportunity grant variances waivers allowed law general rule ordinary processes followed extent restriction property known regulatory taking yet established see suitum tahoe regional planning agency noting difficulty demonstrating mere enactment regulations restricting land use effects taking create perverse system incentives hold landowners must wait taking claim ripen planners make decisions time holding planners must compensate landowners delay indeed interest protecting decisional process even stronger agency developing regional plan considering permit single parcel proceedings involving lake tahoe basin example moratoria enabled trpa obtain benefit comments criticisms interested parties petitioners since categorical rule tied length deliberations likely create added pressure decisionmakers reach quick resolution questions serve disadvantage landowners interest groups organized familiar planning process moreover temporary ban development lesser risk individual landowners singled bear special burden shared public whole nollan california coastal least moratorium clear reciprocity advantage mahon protects interests affected landowners immediate construction might inconsistent provisions plan ultimately adopted us burdened somewhat restrictions turn benefit greatly restrictions placed others keystone fact reason believe property values often continue increase despite moratorium see growth properties klingbeil holding supp md noting land values expected increase moratorium development cf forest properties ca fed record showed market value entire parcel increased despite denial permit fill develop property increase makes sense context property values throughout basin expected reflect added assurance lake tahoe remain pristine state since cases moratorium may impose burden adopt rule assumes moratoria always force individuals bear special burden shared public whole may well true moratorium lasts one year viewed special skepticism given fact district found months required trpa formulate regional plan unreasonable possibly conclude every delay one year constitutionally formulating general rule kind suitable task state view duration restriction one important factors must consider appraisal regulatory takings claim respect factor respect factors temptation adopt amount per se rules either direction must resisted palazzolo concurring may moratoria last longer one year interfere reasonable expectations district opinion illustrates petitioners proposed rule simply blunt instrument identifying cases conclude therefore interest fairness justice best served relying familiar penn central approach deciding cases like rather attempting craft new categorical rule accordingly judgment appeals affirmed ordered preservation council et petitioners tahoe regional planning agency et al writ certiorari appeals ninth circuit april chief justice rehnquist justice scalia justice thomas join dissenting half decade petitioners prohibited building homes structures land takings clause requires government pay compensation deprives owners economically viable use land see lucas south carolina coastal council ban development lasting almost six years resemble traditional planning device dissent determine whether regulation gone far unless knows far regulation goes macdonald sommer frates yolo county citing pennsylvania coal mahon failing undertake inquiry ignores much impact respondent conduct petitioners instead relies flawed determination appeals relevant time period lasted august april ante period ordinance regulation prohibited development pending adoption new regional plan adoption regional plan hereinafter plan plan however change anything petitioners standpoint adoption plan petitioners still make use land appeals disregarded deprivation ground respondent cause action plaintiff must demonstrate defendant conduct actionable cause claimed injury applying principle appeals held regional plan amount taking plan actually allowed permits issue construction residences permits never issued district immediately issued temporary restraining order later permanent injunction lasted prohibiting approval building projects plan thus appeals concluded plan constituted taking injunction plan prohibited development period appeals correct plan cause petitioners injury right answer wrong question causation question limited whether plan caused petitioners injury question whether respondent caused petitioners injury never addressed causation requirement context regulatory takings claim though language penn central transp new york city suggests ordinary principles proximate cause govern causation inquiry takings claims causation standard require much elaboration case respondent undoubtedly moving force behind petitioners inability build land august monell new york city dept social causation established government action moving force behind alleged constitutional violation injunction case issued plan comply tahoe regional planning compact compact regulations issued pursuant compact course respondent responsible compact regulations august respondent adopted resolution resolution established environmental thresholds water quality soil conservation air quality vegetation preservation wildlife fisheries noise recreation scenic resources california tahoe regional planning agency district enjoined plan part plan allowed metric tons soil per year erode residences excess resolution threshold soil conservation see also another reason district enjoined plan comply article compact requires finding respect project project cause established environmental thresholds exceeded thus district enjoined plan plan comply environmental requirements respondent regulations compact respondent surely responsible regulations also responsible compact governmental agency charged administering compact compact art stat follows respondent moving force behind petitioners inability develop land april enactment plan without environmental thresholds established compact resolution plan gone effect petitioners able build residences certainly foreseeable development projects exceeding environmental thresholds prohibited indeed purpose enacting thresholds respondent caused petitioners inability use land appropriate period time consider takings claim ii turn determining whether ban economic development lasting almost six years taking lucas reaffirmed frequently expressed view owner real property called upon sacrifice economically beneficial uses name common good leave property economically idle suffered taking district case held ordinances resolutions effect august april fact deny plaintiffs economically viable use land supp appeals overturn finding injunction issued environmental thresholds issued respondent permit development residences forced petitioners leave land economically idle least another three years dispute petitioners forced leave land economically idle period see ante refuses apply lucas ground deprivation temporary neither takings clause case law supports distinction one thing distinction temporary permanent prohibitions tenuous temporary prohibition case finds taking lasted almost six permanent prohibition held taking lucas lasted less two years see decision today takings question turns entirely initial label given regulation label often without much meaning every incentive government simply label prohibition development temporary fix set number years case initial designation preclude government repeatedly extending temporary prohibition ban development holds designation government conclusive even though fact moratorium greatly exceeds time initially specified apparently view even moratorium taking lucas moratorium permanent opinion first english evangelical lutheran church glendale county los angeles rejects distinction temporary permanent takings landowner deprived economically beneficial use land first english stated temporary takings deny landowner use property different kind permanent takings constitution clearly requires compensation first english rule temporary deprivations use compensable takings clause lucas found nothing problematic later developments potentially made ban development temporary citing first english supra see also kennedy concurring well established temporary takings protected constitution permanent ones citing first english supra fundamentally even practical distinction temporary permanent deprivations plausible treat two differently terms takings law odds justification lucas rule lucas rule derived fact total deprivation use landowner point view equivalent physical appropriation regulation lucas practical equivalence physical appropriation condemnation fifth amendment required compensation practical equivalence landowner point view temporary ban economic use forced leasehold example assume following situation respondent contemplating creation national park around lake tahoe preserve scenic beauty respondent decides take leasehold petitioners property human activity land prohibited order prevent destruction area deciding whether request area designated national park surely leasehold require compensation series world war cases government condemned leasehold interests order support war effort government conceded required pay compensation leasehold see petty motor general motors petitioners standpoint happened case different government taken lease property ignores practical equivalence respondent deprivation deprivation resulting leasehold allows government regulation eminent domain take private property without paying kozinski dissenting denial rehearing en banc instead acknowledging practical equivalence case condemned leasehold analogizes areas takings law distinguished regulations physical appropriations see ante whatever basis distinctions contexts apply regulation deprives landowner economically beneficial use land addition practical equivalence landowner perspective regulation physical appropriation held regulation denying productive use land implicate traditional justification differentiating regulations physical appropriations extraordinary circumstance productive economically beneficial use land permitted less likely legislature simply adjusting benefits burdens economic life manner secures average reciprocity advantage everyone concerned lucas supra quoting penn central transp new york city pennsylvania coal mahon likely property pressed form public service guise mitigating serious public harm lucas supra also reads lucas fundamentally concerned value ante rather denial economically beneficial productive use land lucas repeatedly discusses holding applying productive economically beneficial use land permitted see also ibid otal deprivation beneficial use landowner point view equivalent physical appropriation fifth amendment violated regulation denies owner economically viable use land functional basis permitting government regulation affect property values without compensation apply relatively rare situations government deprived landowner economically beneficial uses ibid fact regulations leave owner land without economically beneficial productive options use carry heightened risk private property pressed form public service hen owner real property called upon sacrifice economically beneficial uses name common good leave property economically idle suffered taking moreover position value sine qua non lucas rule proves much surely land issue lucas retained market value based contingency soon came fruition see supra development ban amended lucas implicated government deprives landowner economically beneficial productive use land district found agrees moratorium temporarily deprived petitioners economically viable use land ante rationale lucas rule applies strongly case temporary denial viable use land six years taking iii worries applying lucas compels finding array traditional planning devices takings ante since beginning regulatory takings jurisprudence recognized property rights enjoyed implied limitation mahon supra thus lucas holding regulation prohibiting economically beneficial use coastal land came within categorical takings rule nonetheless inquired whether result inhere title restrictions background principles state law property nuisance already place upon land ownership regulation issue lucas purported permanent least long term concluded implied limitation state property law achieve similar deprivation economic use something achieved courts adjacent landowners uniquely affected persons state law private nuisance state complementary power abate nuisances affect public generally otherwise ibid regulation merely delays final land use decision recognized background principles state property law prevent delay deemed taking thus noted first english discussion temporary takings apply case normal delays obtaining building permits changes zoning ordinances variances like zoning regulations existed far back colonial boston see treanor original understanding takings clause political process colum rev new york city enacted first comprehensive zoning ordinance see anderson american law zoning young rev ed thus delays attendant zoning permit regimes longstanding feature state property law part landowner reasonable expectations see lucas supra kennedy concurring judgment moratorium prohibiting economic use period six years one longstanding implied limitations state property moratoria interim controls use land seek maintain status quo respect land development area either freezing existing land uses allowing issuance building permits certain land uses inconsistent contemplated zoning plan zoning change ziegler rathkopf law zoning planning ed typical moratoria thus prohibit certain categories development restaurants see schafer new orleans adult businesses see renton playtime theatres commercial development see arnold bernhard planning zoning moratoria implicate lucas deprive landowners economically beneficial use land moratoria prohibit development lineage permit zoning requirements thus less certain property acquired implied limitation moratorium prohibiting development moreover unlike permit system expected project approved long certain conditions satisfied moratorium prohibits uses definition contemplating new plan prohibit uses case require us decide categorical matter whether moratoria prohibiting economic use implied limitation state property law duration moratorium far exceeds ordinary moratoria recognizes ante state statutes authorizing issuance moratoria often limit moratoria duration california much land issue case located provides moratorium shall force effect days date adoption caps extension moratorium total duration exceed two years cal govt code ann west supp see also stat subd limiting moratoria months one permissible extension total two years another state limits moratoria days possibility single extension rev stat ann others limit moratoria six months without possibility extension see rev stat stat ann indeed long understood moratoria development exceeding short time periods legitimate planning device see holdsworth hague misc resolution reflected understanding limited duration moratoria initially limiting moratorium case days resulted moratorium lasting nearly six years bears resemblance nature traditional moratoria understood background examples state property law prohibition development nearly six years case said resemble implied limitation state property law taking requires compensation lake tahoe national treasure doubt respondent efforts preventing degradation lake made good faith furtherance public interest case governmental action furthers public interest constitution requires costs burdens borne public large targeted citizens justice holmes admonition years ago rings true danger forgetting strong public desire improve public condition enough warrant achieving desire shorter cut constitutional way paying change mahon preservation council et petitioners tahoe regional planning agency et al writ certiorari appeals ninth circuit april justice thomas justice scalia joins dissenting join chief justice dissent write separately address majority conclusion temporary moratorium issue taking taking parcel whole ante questionable applied various alleged regulatory takings view rejected context temporal deprivations property first english evangelical lutheran church glendale county los angeles held temporary permanent takings different kind landowner deprived beneficial use land thought first english put rest notion relevant denominator land infinite life consequently regulation effecting total deprivation use temporal slice property compensable takings clause unless background principles state property law prevent deemed taking total deprivation use landowner point view equivalent physical appropriation lucas south carolina coastal council taking exactly occurred case one seriously doubts land use regulations issue rendered petitioners land unsusceptible economically beneficial use true inception moratorium remains true today individuals families deprived opportunity build homes permanent retirement vacation residences land upon construction authorized purchased assures temporary prohibition economic use taking logically property recover value soon prohibition lifted ante logical assurance temporary restriction merely causes diminution value ante cold comfort property owners case long run dead john maynard keynes monetary reform hold regulations prohibiting productive uses property subject lucas per se rule regardless whether property burdened retains theoretical useful life value temporary moratorium lifted mind potential future value bears amount compensation due nothing question whether taking first place regrettable charted markedly different path today footnotes often referred compensation clause final clause fifth amendment provides shall private property taken public use without compensation applies well federal government chicago chicago webb fabulous pharmacies beckwith according senate report two sizable lakes world comparable quality crater lake oregon protected part crater lake national park lake baikal former soviet union lake tahoe however readily accessible large metropolitan centers adaptable urban development pp district added least long time estimates lake turn green take years return natural state ever possible supp app moratorium apply rights vested effective date compact two months compact became effective trpa adopted ordinance broadly defining term project include construction new residence requiring owners land districts get permit trpa beginning construction homes property supp explained supra petitioners purchased land compact amidst heavily regulated zoning scheme property already classified part land capability districts sez land land classification subject regulations degree artificial disturbance land safely sustain supp supp supp petitioners amended complaint allege adoption plan also constituted unconstitutional taking ultimately district appeals held claim barred california statute limitations nevada statute limitations see although validity plan us note litigants challenged certain applications plan see suitum tahoe regional planning agency dissent chief justice contends plan us compact proximate cause petitioners injuries post petitioners however challenge appeals holding causation briefs merits presumably understood granted certiorari question hether appeals properly determined temporary moratorium land development constitute taking property requiring compensation takings clause constitution interested narrow question decided today throughout district appeals decisions phrase temporary moratorium refers two things two things ordinance resolution dissent novel theory causation briefed discussed oral argument district explained direct connection potential development plaintiffs lands harm lake suffer result thereof suggestion plaintiffs less severe response adequately addressed problems lake facing thus difficult see proportional response adopted given trpa actions application aimed individual landowner plaintiffs appear bear burden proof point met burden really attempted although unwilling stipulate fact trpa actions substantially advanced legitimate state interest plaintiffs seriously contest matter trial citation omitted penn central analysis involves complex factors including regulation economic effect landowner extent regulation interferes reasonable expectations character government action palazzolo rhode island supp stated petitioners plenty time build restrictions went effect almost everyone tahoe basin knew late crackdown development works addition found fact evidence introduced regarding specific diminution value plaintiffs individual properties clearly weighs finding partial taking plaintiffs property ibid pretrial order describes purchases forest service private lots environmentally sensitive areas periods two moratoria effect period ending august purchased parcels california average price parcels nevada average price ensuing period purchased california parcels average price nevada parcels average price app moreover periods owners sold sewer building allocations owners higher capability lots ordinance specified terminate regional plan became finalized resolution limited days renewed additional term nevertheless district distinguished measures true temporary moratoria fixed date terminate supp district ruled regulations constitute taking penn central ad hoc approach constitute categorical taking lucas south carolina coastal council see preservation council supp defendants appealed district latter holding plaintiffs appeal former even arguments regarding penn central test fairly encompassed defendants appeal plaintiffs stated explicitly appeal argue regulations constitute taking ad hoc balancing approach described penn central ibid appeals added three types regulation impact parcel value affect aspect owner use property restricting use may occur use may occur use may occur prior agins city tiburon already rejected takings challenges regulations eliminating use portion property regulations restricting type use across breadth property see penn central diminution value caused zoning law see also william haas city county san francisco cir value reduced cases uniformly reject ed proposition diminution property value standing alone establish taking penn central plausible basis distinguish similar diminution value results temporary suspension development despite clear refusal hold moratorium never effects taking chief justice accuses us allow ing government take private property without paying post may true penn central analysis petitioners land taken compensation due petitioners failed challenge district conclusion taking penn central supra determining whether government action affecting property unconstitutional deprivation ownership rights compensation clause must interpret word taken government condemns physically appropriates property fact taking typically obvious undisputed however owner contends taking occurred law regulation imposes restrictions severe tantamount condemnation appropriation predicate taking analysis complex illustrate importance distinction loretto actual taking possession control coal mine central eureka mining contrast found taking government issued wartime order requiring nonessential gold mines cease operations loretto relied distinction dismissing argument discussion physical taking issue case affect laws long regulations require landlord suffer physical occupation portion building third party analyzed multifactor inquiry generally applicable nonpossessory governmental activity citing penn central according chief justice dissent even temporary regulation governed physical takings cases lucas south carolina coastal council landowner point view moratorium functional equivalent forced leasehold post course landowner government standpoint critical differences leasehold moratorium condemnation leasehold gives government possession property right admit exclude others right use public purpose regulatory taking contrast give government right use property dispossess owner affect right exclude others chief justice stretches lucas equivalence language far even regulation constitutes minor infringement property may landowner perspective functional equivalent appropriation lucas carved narrow exception rules governing regulatory takings extraordinary circumstance permanent deprivation beneficial use exception partially justified based equivalence theory cited dissent also justified theory relatively rare situations government deprived landowner economically beneficial uses less realistic assume regulation secure average reciprocity advantage government go required pay every restriction explain infra assumptions hold true context moratorium case involved bill equity brought defendants error prevent pennsylvania coal company mining property way remove supports cause subsidence surface house mahon mahon sought prevent pennsylvania coal mining property relying state statute prohibited ing undermine foundation home company challenged statute taking interest coal without compensation lucas explained prior justice holmes exposition pennsylvania coal mahon generally thought takings clause reached direct appropriation property legal tender cases wall functional equivalent practical ouster owner possession transportation chicago justice holmes recognized mahon however protection physical appropriations private property meaningfully enforced government power redefine range interests included ownership property necessarily constrained constitutional limits instead uses private property subject unbridled uncompensated qualification police power natural tendency human nature extend qualification last private property disappear ed considerations gave birth case maxim property may regulated certain extent regulation goes far recognized taking ibid citation omitted justice brandeis argued every restriction upon use property imposed exercise police power deprives owner right theretofore enjoyed sense abridgment state rights property without making compensation restriction imposed protect public health safety morals dangers threatened taking restriction question merely prohibition noxious use property restricted remains possession owner state appropriate make use state merely prevents owner making use interferes paramount rights public mahon brandeis dissenting concurring opinion palazzolo justice reaffirmed approach polestar instead remains principles set forth penn central cases govern partial regulatory takings cases interference expectations one number factors must examine ibid penn central supply mathematically precise variables instead provides important guideposts lead ultimate determination whether compensation required temptation adopt amount per se rules either direction must resisted takings clause requires careful examination weighing relevant circumstances context justice kennedy concurred judgment basis regulation impact reasonable expectations worth noting lucas underscores difference physical regulatory takings see supra physical takings cases irrelevant whether property owner maintained value property long physical appropriation parcel chief justice dissent makes mistake carving interest property rather considering parcel whole treating regulations covering segment analogous total taking lucas post armstrong like lucas case involved total destruction government value specific property interest nevertheless perfectly clear justice black comment underlying purpose guarantee private property shall taken public use without compensation applies partial takings well total takings brief institute justice amicus curiae although amicus describes cut proposal better approach far primary argument penn central overruled partial takings way land use restriction subject prima facie rules compensation physical occupation limited period time brief petitioners see also pet cert addition recognize anomaly created apply penn central landowner permanently deprived use property lucas petitioners fail offer persuasive explanation moratoria treated differently ordinary permit delays contend permit applicant need comply certain specific requirements order receive one expect develop end process whereas nothing landowner subject moratorium wait guarantee permit granted end process brief petitioners setting aside obvious problem basing distinction course events know fact context facial challenge petitioners argument breaks closer examination guarantee permit granted decision made within year see dufau cl holding delay granting permit constitute temporary taking moreover petitioners modified categorical rule per se taking trpa simply delayed action permits pending regional plan fairness justice require trpa penalized achieving result full disclosure see santa fe village venture albuquerque supp moratorium development lands within petroglyph national monument taking williams central app moratorium development gaming district studying city ability absorb growth compensable taking woodbury place partners woodbury app moratorium pending review plan land adjacent interstate highway taking even though deprived property owner economically viable use property two years zilber moranga supp nd cal development moratorium completion comprehensive scheme open space require compensation see also wayman leaders consider options town growth charlotte observer describing building moratorium imposed give town leaders time plan development wallman city may put reins beach projects may building moratorium beachfront property fort lauderdale pending new height width dispersal regulations foderaro suburbs cracking joneses times mar describing moratorium imposed eastchester new york review town zoning code address problem oversized homes dawson commissioners recommend aboite construction ban lifted fort wayne news sentinel may moratorium allow improvements water sewage treatment systems see juergensmeyer roberts land use planning control law garvin leitner drafting interim development ordinances creating time plan land use law zoning digest june planning protected need hasty adoption permanent controls order avoid establishment nonconforming uses respond ad hoc fashion specific problems instead planning implementation process may permitted run full natural course widespread citizen input involvement public debate full consideration issues points view freilich interim development controls essential tools implementing flexible planning zoning urb chief justice offers another alternative suggesting delays six years treated per se takings however dissent offers explanation years point rather days months years worth emphasizing reject categorical rule case moratorium harsh instead reject categorical rule conclude penn central framework adequately directs inquiry proper considerations one length delay petitioner preservation council authorized representatives actively participated entire trpa regional planning process leading adoption regional plan issue action attended expressed views concerns orally writing public hearing held defendant trpa connection consideration regional plan issue herein well connection adoption ordinance revised regional plan addressed herein app note temporary restriction ultimately upheld first english case lasted six years replaced permanent regulation first english evangelical lutheran church glendale county los angeles cal app cal rptr several already statutes authorizing interim zoning ordinances specific time limits see cal govt code ann west supp authorizing interim ordinance two years rev stat six months rev stat ann one year comp laws ann three years stat two years rev stat one year rev stat ann months codified laws two years utah code ann months rev code stat two years although without specific statutory authority recognized reasonable interim zoning ordinances may enacted see freil triangle oil md app new jersey shore builders assn dover twp super sca chemical waste konigsberg sturgess chilmark mass lebanon woods footnotes bound appeals determination petitioners claim supp permitted challenges ordinance regulation petitioners sought certiorari appeals ruling respondent tahoe regional planning agency hereinafter respondent cause petitioners injury pet cert grant certiorari petition specific questions presented formulated following question whether appeals properly determined temporary moratorium land development constitute taking property requiring compensation takings clause constitution rule provides question presented deemed comprise every subsidiary question fairly included therein question long moratorium land development lasted necessarily subsumed within question whether moratorium constituted taking petitioners assume otherwise brief merits argues respondent effectively blocked construction past two decades brief petitioners even mistaken view ban development lasted months ban case exceeded ban lucas dispute compensation required cases disagreement involved calculate compensation general motors example issues value leasehold interest whether rental value sole measure value occupancy whether government pay respondent removal personal property condemned warehouse whether government pay reduction value respondent equipment fixtures left warehouse six years point ante length involved case explanation conclusion taking case fact moratorium far exceeds moratorium authorized background principles state property law see infra case require us undertake exacting study state property law discern exactly long moratorium must last longer considered implied limitation property ownership assuming moratorium development background principle state property law see infra examples state laws limiting duration moratoria others see utah code ann ii temporary prohibitions development may exceed six months duration possibility extensions two additional periods see also ante footnotes majority decision embrace parcel whole doctrine settled puzzling see palazzolo rhode island noting times expressed discomfort logic parcel whole rule lucas south carolina coastal council recognizing uncertainty regarding composition denominator deprivation fraction produced inconsistent pronouncements relevant calculus difficult question