suitum tahoe regional planning agency argued february decided may held suitum regulatory taking claim ripe adjudication pp suitum must satisfy prudential ripeness principle requiring receive final decision agency regarding application regulations property williamson county regional planning hamilton bank johnson city pp ninth circuit rationale holding suitum claim unripe failed obtain final authoritative agency decision unsupported precedents see williamson county supra macdonald sommer frates yolo county precedents make two points clear finality requirement applies decisions taking plaintiff particular parcel may used see williamson county supra responds high degree discretion characteristically possessed land use boards softening strictures general regulations administer see macdonald supra suitum claim satisfies demand finality undisputed agency finally determined land lies entirely within zone development permitted agency discretion exercise right use land occasion exists applying williamson county requirement landowner take steps obtain final decision use permitted particular parcel although parties contest relevance tdrs question whether taking occurred resolution legal issue require agency action sort demanded williamson county pp contrary lower courts holdings action possible application suitum transfer tdrs type final decision required williamson county precedents although precedents dealt land tdrs decision might required given agency position tdrs considered determining whether taking occurred question whether suitum obtain discretionary award saleable tdrs question presented however since parties agree particular tdrs suitum entitled discretionary decision must made agency official obtain offer sale agency argument suitum case ripe values attributable tdrs known variation preceding position fares better first rights receive tdrs may later sell little uncertainty remains second right transfer tdrs contingency apart private market demand turns right agency local regulatory body deny approval specific transfer based buyer intended improper use tdrs however agency deny many potential lawful buyers whose receipt tdrs unquestionably approved tdrs valuation simply issue fact possible market prices district considerable evidence similar determinations routinely made courts without benefit market transaction subject property pp agency argument suitum claim unripe review requirement abbott laboratories gardner rejected abbott laboratories point petitioners challenging validity regulation beyond scope issuing agency authority whereas suitum seeks invalidate regulations issue paid consequences indeed extent abbott laboratories sense instructive disposition case cuts directly agency suitum definitively barred taking affirmative step develop land petitioners prevailed contention claim unripe bound take affirmative steps comply regulations challenging pp vacated remanded souter delivered opinion rehnquist stevens kennedy ginsburg breyer joined scalia thomas joined except parts scalia filed opinion concurring part concurring judgment thomas joined notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions wash ington typographical formal errors order corrections may made preliminary print goes press bernadine suitum petitioner tahoe regional planning agency writ certiorari appeals ninth circuit may justice souter delivered opinion petitioner bernadine suitum owns land near nevada shore lake tahoe respondent tahoe regional planning agency regulates land use region determined suitum property ineligible development entitled receive certain allegedly valuable transferable development rights tdrs suitum brought action compensation rev stat claiming agency determinations amounted regulatory taking property pleadings raise issues significance tdrs claim taking occurred constitutional requirement compensation occasion decide decide whether tdrs may considered deciding issue whether taking case opposed issue whether compensation afforded taking sole question whether claim ripe adjudication even though suitum attempted sell development rights eligible receive hold congress approved tahoe regional planning compact california nevada creating respondent interstate agency regulate development lake tahoe basin see lake country estates tahoe regional planning agency compact proven inadequate protection lake environment proposed congress approved amendment requiring agency adopt plan barring development exceeding specific environmental threshold carrying capacities agency might find appropriate pub arts stat agency adopted new regional plan providing individual parcel evaluation system ipes rate suitability vacant residential parcels building modification tahoe regional planning agency code ordinances ch trpa code whereas property must attain minimum ipes score qualify construction app undeveloped parcel certain areas carrying run watershed known stream environment zones sezs receives ipes score zero trpa code limited exceptions relevant agency permits additional land coverage permanent land disturbance parcel although agency plan provide forthe variances exceptions conventional land use schemes addresses potential sharpness restrictions granting property owners tdrs may sold owners parcels eligible construction three kinds residential tdrs owner needs residential development right residential allocation place residential unit buildable parcel latter permits construction begin specific calendar year expires year end owner must also land coverage rights square foot impermeable cover placed upon land app see also trpa code ch owners vacant residential parcels existed effective date plan july including sez parcels automatically receive one residential development right owners sez property may obtain transfer bonus points equivalent three additional residential development rights sez property owners also receive land coverage rights authorizing coverage area equal surface area land finally sez owners like property owners may apply residential allocation awarded local jurisdictions random drawings year app three kinds tdrs may transferred benefit eligible property lake tahoe region subject approval agency based eligibility receiving parcel development trpa code suitum late husband bought undeveloped lot washoe county nevada within agency jurisdiction years later adoption regional plan suitum obtained residential allocation washoe county annual drawing applied agency permission construct house lot agency determined property located within sez assigned ipes score zero denied permission build suitum appealed denial agency governing board denied relief agency turned request building permit suitum made effort transfer tdrs plan dispute still one residential development right owners undeveloped lots automatically received plus land coverage rights square feet got owner square feet sez land also common ground suitum right receive three bonus residential development rights although suitum questioned certainty obtain new residential allocation sought one agency represented undoubtably see supra instead suitum brought action alleging denying right construct house lot agency restrictions deprived reasonable economically viable use property amounted taking property without compensation violation fifth fourteenth amendments app agencyresponded objecting among things suitum taking claim ripe due failure obtain final decision trpa amount development may allowed agency cross motions summary judgment district ordered supplemental briefing nature suitum tdrs including tdrs transferred suitum case procedures prerequisites value transfer applicable case agency introduced affidavit real estate appraiser whose opinion residential development right suitum already three entitled market value land coverage rights sold per square foot total lot devoid tdrs sell appraiser also said suitum obtain residential allocation sell development right together bring ibid spite figures supplied affidavit however agency maintained actual benefits tdr program suitum known pursues appropriate transfer application result suitum claim ripe adjudication part suitum insisted trying transfer tdrs idle futile act tdr program sham supplied affidavit one agency former employees whose view little value suitum tdrs present time either market procedure transferringone particular right restrict opportunity transfer remaining right district decided suitum claim ripe consideration things stand final decision suitum allowed use property suitum tahoe regional planning agency ecr mar app pet cert although found significant value transfer suitum tdrs specific values attributable transfer program known realistically assess whether extent agency regulations frustrated suitum reasonable expectations appeals ninth circuit affirmed ripeness ruling like reason ithout application transfer development rights way know regulations full economic impact degree interference suitum reasonable investment backed expectations without action transfer application final decision agency regarding application regulation property issue granted certiorari consider ripeness suitum takingclaim reverse issue presented whether suitum claim regulatory taking land violation fifth fourteenth amendments ready judicial review prudential ripeness principles two independent prudential hurdles regulatory taking claim brought state entity federal williamson county regional planning hamilton bank johnson city explained plaintiff must demonstrate received final decision regarding application challenged regulations property issue government entity charged implementing regulations sought compensation procedures state provided first requirement follows principle regulation goes far pennsylvania coal mahon results taking fifth amendment see macdonald sommer frates yolo county determine whether regulation gone far unless knows far regulation goes see also lucas south carolina coastal council regulation goes far results taking least extraordinary circumstance productive economically beneficial use land permitted second hurdle stems fifthamendment proviso takings without compensation infringe amendment state provides adequate procedure seeking compensation property owner claim violation compensation clause used procedure denied compensation williamson county supra final decision prong williamson addressed briefed confine discussion issue holding suitum claim unripe ninth circuit agreed agency argument suitum failed obtain final authoritative decision agency sufficient satisfy first prong williamson county supra although unclear whether agency still urges precisely position see brief respondent conceding know full extent regulation impact restricting petitioner development land think important emphasize thatthe rationale adopted decision review unsupported precedents agins city tiburon first case employed notion ripeness declining reach merits applied regulatory taking claim agins landowners challenged zoning ordinances restricting number houses build property sued without seeking approval particular development land held issue justiciable point whether mere enactment statute amounted taking without employing term ripeness explained owners ha submitted plan development property challenged ordinances permit ted yet concrete controversy regarding application specific zoning provisions ibid following term hodel virginia surface mining reclamation toughened nascent ripeness requirement coal producers landowners challenged enactment surface mining control reclamation act et taking property agins concluded applied challenge unripe reasoning indication record appellees ha availed opportunities provided act obtain administrative relief requesting variance applicable provisions act hodel thus held regulatory regime offers possibility variance facial requirements landowner must go beyond submitting plan development actually seek variance ripen claim williamson county regional planning hamilton bank johnson city confirmed hodel holding williamson county developer plan build residential complex rejected local planning commission inconsistent zoning ordinances subdivision regulations eight different respects acknowledged espondent ha submitted plan developing property thus ha passed beyond agins threshold nonetheless held takingchallenge unripe reasoning among factors particular significance taking inquiry economic impact challenged action extent interferes reasonable investment backed expectations factors simply evaluated administrative agency arrived final definitive position regarding apply regulations issue particular land question ibid thus developer must least resort procedure obtaining variances obtain conclusive determination commission whether allow proposed development order ripen taking claim macdonald sommer frates yolo county reaffirmed williamson county requirement final agency position macdonald developer purchased property presented tentative subdivision plan local planning commission commission treated proposal inconsistent zoning regulations several respects developer immediately filed suit without even relying character dry run submission merely tentative plan emphasized course litigation two state courts given opinions development property possible regulations question flatly contrary developer conclusory allegation regulations required provide greenbelt public gratuity see hence held claim unripe rationale williamson county effect commission application zoning ordinance value respondent property measured final decision made regulations applied developer property macdonald supra quoting williamson county supra leaving aside question definitive localzoning decision must satisfy williamson county demand finality two points requirement clear applies decisions taking plaintiff land may used responds high degree discretion characteristically possessed land use boards softening strictures general regulations administer said macdonald local agencies charged administering regulations governing property development singularly flexible institutions take one hand may give back flexibility discretion may brought bear permissible use property singular parcel land sound judgment use allowed simply made asking whether parcel characteristics proposal details facially conform terms general use regulations demand finality satisfied suitum claim however question regulations issue apply particular land question williamson county supra undisputed agency finally determined thatpetitioner land lies entirely within sez brief respondent may therefore permit additional land coverage permanent land disturbance parcel trpa code agency discretion exercise suitum right use land occasion exists applying williamson county requirement landowner take steps obtain final decision use permitted particular parcel parties course contest relevance tdrs issue whether taking occurred resolution legal issue require agency action sort demanded williamson county agency nonetheless argued lower courts agreed see supra remains final decision agency make action possible application suitum transfer tdrs indisputably entitled however type final decision required williamson county precedents precedents addressed virtual impossibility determining development permitted particular lot land use subject decision regulatory body invested great discretion yet even asked exercise question presented parties agree particular tdrs suitum entitled discretionary decision must made agency official obtain offer sale decision left agency approval particular transfer tdrs make certain given potential buyer may lawfully use whether particular sale tdrs may completed quite different whether tdrs saleable long particular buyer person lawfully buy rights wouldnot rendered unsaleable even agency make discretionary decision kill particular sale class buyers even arguably limited question far law concerned tdrs may bought used benefit sorts land parcels lots agency argument suitum case ripe values attributable suitum tdrs known brief respondent quoting suitum tahoe regional planning agency ecr mar app pet cert variation preceding position fares better first suitum rights receive tdrs may later sell already noted little uncertainty remains although value residential development right may well greater offered together residential allocation although suitum must still enter lottery latter discretionary decision made determining whether get one fact probability getting one percent according agency see tr oral arg since fewer applications available allocations see even case probably always unreasonable require suitum enter drawing order ripen suit agency surely maintain odds success allocation lottery low suitum taking claim kept bay year year actually drawing rule allow local authority stultify fifth amendment guarantee rather circumstances value attributable allocation suitum might might receive drawing simply discounted reflect themathematical likelihood obtaining one second suitum right transfer tdrs contingency apart private market demand turns right agency deny approval specific transfer grounds buyer use tdrs violate terms scheme local land use regulation right local regulatory body deny transfer approval latter reason see trpa code even potential bars based buyer intended use tdrs turn involve degree discretion assumed williamson county ripeness requirement discretion still render value tdrs nearly unknowable chances particular development permitted particular parcel absence zoning board decision quite lawfully either yes particular sale subject approval saleability agency position assumes many potential lawful buyers suitum tdrs whose receipt rights unquestionably approved valuation suitum tdrs therefore simply issue fact possible market prices one district considerable evidence see supra course agency appears saying see brief respondent best evidence value suitum tdrs might actual selling price assuming course sale made good faith arm length similar determinations market value routinely made judicial proceedings without benefit market transaction subjectproperty see acres land less located wasatch summit counties upholding valuation condemned land based expert testimony relating comparable sales discounted cash flow cooke respect valuation mineral rights leases see also sackman nichols law eminent domain rev ed well established value land taken injured exercise power eminent domain may shown opinion evidence see generally discussing establishment market value condemned land true market value may hard calculate without regular trade tdrs suitum ready proceed spite difficulty ripeness doctrine block fact reason agency objection probably concern without much market experience sales tdrs market values get low estimates simply one risks regulatory pioneering pioneer agency suitum finally agency argues first time suitum claim unripe fitness review requirement abbott laboratories gardner abbott laboratories arose petition administrative procedure act apa supp ii group drug manufacturers seeking review labelling regulation promulgated commissioner food drugs fda yet subject enforcement action manufacturers petitioners claimed fda lacked statutory authority impose new labelling requirement fda countered claim ripe judicial reviewfor want proceedings enforce regulation dealt ripeness two pronged test without undertaking survey intricacies ripeness doctrine fair say basic rationale prevent courts avoidance premature adjudication entangling abstract disagreements administrative policies also protect agencies judicial interference administrative decision formalized effects felt concrete way challenging parties problem best seen twofold aspect requiring us evaluate fitness issues judicial decision hardship parties withholding consideration omitted abbott laboratories point drug companies case challenging validity regulation beyond scope fda authority whatever arguable merit fda position ripeness may rested fact manufacturers precipitated challenge wanted violating regulation defending subsequent prosecution placing regulation validity question suitum different position manufacturers challenge validity agency regulations litigating position assumes agency may validly bar land development agree actually done challenge tdrs raises question value lawfulness issuing suitum seeks free regulations paid consequences even odd reason decided bring things head building without permit action money defense equity proceeding enjoin development indeed extent abbott laboratories sense instructive disposition case us cuts directly agency suitum definitively barred taking affirmative step develop land drug companies bound take affirmative steps change labels discretionary step left agency either situation enforcement determining applicability find suitum received final decision consistent williamson county ripeness requirement vacate judgment appeals remand proceedings consistent opinion ordered bernadine suitum petitioner tahoe regional planning agency writ certiorari appeals ninth circuit may justice scalia justice concur judgment join opinion except parts ii ii sections consider whether tahoe regional planning agency trpa must reached final decision regarding suitum ability sell transferable development rights tdrs whether value suitum tdrs must known discussion presumes answers questions may relevant issue presented preliminary stage present case whether suitum takings claim ripe judicial review final decision requirement view relevant issue discussion beside point describe nature final decision inquiry opinion quotes vague language williamson county regional planning hamilton bank johnson city must final decision regarding application challenged regulations property issue quoted ante macdonald sommer frates yolo county determine whether aregulation gone far unless knows far regulation goes quoted ante unmentioned opinion specific statements cases elsewhere display quite clearly quoted generalizations final decision inquiry nothing tdrs later williamson county example explained purpose final decision requirement ensure ascertain takings plaintiff allowed develop property williamson county supra page extracted vague statement macdonald says quite precisely essential function final decision requirement ensure determination type intensity development legally permitted subject property macdonald supra says later ur cases uniformly reflect insistence knowing nature extent permitted development adjudicating constitutionality regulations purport limit fails even mention otherwise encyclopedic description development final decision requirement recent opinions addressing subject lucas south carolina coastal council relied exclusively precise formulations mention vague language quoted today see focus final decision inquiry ascertaining extent governmental restriction land use government given landowner exchange restriction cases say explains ante without final decision impossible know whether regulation goes far pennsylvania coal mahon mean goes toofar restricting profitable use land goes far enough providing compensation restricting profitable use land latter pertains whether taking subsequent question whether compensation cases discussed part ii opinion bearing question whether final decision requisite takings claim made point issue whether government finally determined permissible use land agins city tiburon discussed ante government yet determined many houses challenged zoning ordinance permit plaintiff property hodel virginia surface mining reclamation discussed ante government yet determined whether variance land use restrictions surface mining control reclamation act allowed williamson county supra discussed ante government yet determined whether approve developer plan build residential complex macdonald supra discussed ante government yet determined whether developer subdivision plan approved tdrs course nothing use development land regulatory decree attached right use develop one land quite distinct right confer upon someone else increased power use develop land latter valuable sure new right conferred upon landowner exchange taking rather reduction taking essence tdr permits landowner whose right use develop property restricted extinguished extract money others acash payment government relate whether regulation goes far restricts use land severely constitute taking rather whether adequate compensation taking chit coupon government redeemable hence marketable third parties relate question taking question compensation also marketable tdr peculiar type chit enables third party get cash government use land ways government otherwise permit relates taking compensation bearing upon whether final decision concerning extent plaintiff land use constrained putting tdrs taking rather compensation side equation ninth circuit clever albeit transparent device seeks take advantage peculiarity takings clause jurisprudence whereas taking constitution requires full compensation see acres monroe pike county land owner must put good position pecuniarily property taken monongahela nav compensation must full perfect equivalent property taken regulatory taking generally occur long land retains substantial albeit full value see penn central transp new york city money government regulator gives landowner counted question whether taking causing courts say land retains substantial value thus taken rather question whether compensation taking adequate government get away payingmuch less going obvious course government simply say although land regulated land use scheme entitles government payment patently compensation retention land value little better say land use scheme tdrs attached every parcel parcel regulated tdr cashed government still looks much like compensation cleverness scheme us causes payment come government third parties government reimburses outlay granting tdrs promise variance otherwise applicable land use restrictions respondent maintains penn central supports conclusion tdrs relevant question whether taking penn central remarked rights develop airspace grand central terminal made transferable parcels vicinity owners terminal owned literally accurate say owners denied use pre existing air rights even tdrs inadequate constitute compensation taking occurred nonetheless taken account considering impact regulation penn central supra emphasis original analysis distinguished case us ground applied landowners owned least eight nearby parcels immediately adjacent terminal benefitted tdrs see relevant land said aggregation owners parcels subject regulation least contiguous parcels use land whole diminished reason tdrs affected impact regulation analysis supported concluding clause opinion says restrictions permit reasonable beneficial use landmark site also afford appellants opportunities enhance terminal site proper also properties penn central one paragraph expedition realm tdrs distinguishable fashion deserve overruled considering takings calculus market value tdrs contrary import whole series cases since make clear relevant issue extent use development land restricted indeed contrary whole principle land use regulation severe enough constitute taking must fully compensated mean suggest anything undesirable devious tdrs contrary tdrs serve commendable purpose mitigating economic loss suffered individual whose property use restricted property value diminished substantially produce compensable taking may also form proper part indeed entirety full compensation accorded landowner property taken accord penn central supra rehnquist dissenting noting penn central offered substantial amounts tdrs suggesting appropriateness remand determination whether tdrs valuable enough constitute full compensation suggest relevance tdrs limited compensation side takings analysis taking account determining whether taking occurred render much regulatory takings jurisprudence nullity see comment environmental interest groups land regulation avoiding clutches lucas south carolina coastal council miami rev sum resolve question whether final decision case looking fixing petitioner rights use develop land never dispute whether occurred bringing present suit petitioner applied permission build house lot denied permission basis trpa determination property located within stream environment zone designation carries consequence additional land coverage permanent land disturbance shall permitted trpa code respondent fact concedes know full extent regulation impact restricting petitioner development land brief respondent need know conclude final decision requirement met footnotes compact defines nvironmental threshold carrying capacity environmental standard necessary maintain significant scenic recreational educational scientific natural value region maintain public health safety within region standards shall include limited standards air quality water quality soil conservation vegetation preservation noise art ii stat counsel agency oral argument represented point fewer applicants allocations washoe county petitioner land located thus percent chance winning drawing see tr oral arg suitum complaint may also raised substantive due process equal protection claims see app petition writ certiorari address issues considered see infra see suitum response defendant memorandum concerning transfer development program district disregarded affidavit however showing suitum affiant expert valuation development rights sufficient satisfy federal rule civil procedure suitum tahoe regional planning agency ecr mar app pet cert held hese ripeness requirements developed regulatory taking context equally applicable due process equal protection claims address ripeness requirements suitum taking claim however express opinion ripeness claims noted ripeness doctrine drawn article iii limitations judicial power prudential reasons refusing exercise jurisdiction reno catholic social services agency question suitum properly presents genuine case controversy sufficient satisfy article iii maintains suitum action fails satisfy prudential ripeness requirements therefore decide whether williamson county state procedures requirement satisfied case ordinarily plaintiff must seek compensation state inverse condemnation proceedings initiating taking suit federal unless state provide adequate remedies obtaining compensation see williamson county suitum counsel stated oral argument position tahoe regional planning agency provisions paying compensation tr oral arg thus suggesting agency subject inverse condemnation proceedings agency counsel disagree suitum position therefore appears sole remedy agency taking without compensation suit damages brought cf tahoe sierra preservation council tahoe regional planning agency leave matter appeals remand two years earlier penn central transp new york city reached merits penn central claim new york city landmarks preservation commission denial permission construct office building top grand central terminal taking despite observation simply maintained record appellants prohibited occupying portion airspace terminal city actions denying applications construct office building excess stories terminal may indicate refuse issue certificate appropriateness comparably sized structure city emphasized whether construction allowed depended whether proposed addition harmonize scale material character terminal since appellants sought approval construction smaller structure know appellants denied use portion airspace terminal internal citation omitted facial challenges regulation generally ripe moment challenged regulation ordinance passed face uphill battle keystone bituminous coal assn debenedictis since difficult demonstrate mere enactment piece legislation deprived owner economically viable use property hodel virginia surface mining reclamation suitum purport challenge agency regulations face agins found hodel plaintiffs facial takings challenge ripe ruled merits macdonald suggested williamson county final decision requirement might sometimes require multiple proposals variance applications landowner case considered ripe wrote example ejection exceedingly grandiose development plans logically imply less ambitious plans receive similarly unfavorable reviews compare williamson county applicant must obtain final definitive position regulations applied land question applicant must obtain conclusive determination whether specific proposed development permitted amici mayhews et urge us establish rule taking plaintiff need make single proposal single request variance ensure ripeness claim brief mayhews et amici curiae issue presented case moreover may course request additional briefing subject necessary trial held issue decided summary judgment