Suitum v. Tahoe Regional Planning Agency, 520 U.S. 725, 4 (1997)

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728

SUITUM v. TAHOE REGIONAL PLANNING AGENCY

Opinion of the Court

Justice Souter delivered the opinion of the Court.

Petitioner Bernadine Suitum owns land near the Nevada shore of Lake Tahoe. Respondent Tahoe Regional Planning Agency, which regulates land use in the region, determined that Suitum's property is ineligible for development but entitled to receive certain allegedly valuable "Transferable Development Rights" (TDR's). Suitum has brought an action for compensation under Rev. Stat. § 1979, 42 U. S. C. § 1983, claiming that the agency's determinations amounted to a regulatory taking of her property. While the pleadings raise issues about the significance of the TDR's both to the claim that a taking has occurred and to the constitutional requirement of just compensation, we have no occasion to decide, and we do not decide, whether or not these TDR's may be considered in deciding the issue whether there has been a taking in this case, as opposed to the issue whether just compensation has been afforded for such a taking. The sole question here is whether the claim is ripe for adjudication,

General for their respective States as follows: Margery S. Bronster of Hawaii, Jeffrey L. Amestoy of Vermont, J. Joseph Curran, Jr., of Maryland, and Joseph P. Mazurek of Montana; for the State of New Jersey by Peter Verniero, Attorney General, Mary C. Jacobson, Assistant Attorney General, and Rachel J. Horowitz, Deputy Attorney General; for the State of New York by Dennis C. Vacco, Attorney General, Barbara G. Billett, Solicitor General, Peter H. Schiff, Deputy Solicitor General, and John J. Sipos and Lisa M. Burianek, Assistant Attorneys General; for the City of New York by Paul A. Crotty, Leonard J. Koerner, Stephen J. McGrath, and Cheryl Payer; for the League to Save Lake Tahoe by E. Clement Shute, Jr., and Christy H. Taylor; for the National League of Cities et al. by Richard Ruda; and for the National Trust for Historic Preservation in the United States et al. by Jerold S. Kayden, Louise H. Renne, R. Jeffrey Lyman, and Elizabeth S. Merritt.

Briefs of amici curiae were filed for the American Planning Association by Brian W. Blaesser and H. Bissell Carey III; for the Columbia River Gorge Commission by Lawrence Watters; for the National Association of Home Builders et al. by John J. Delaney, Lawrence R. Liebesman, Mary V. DiCrescenzo, and Nick Cammarota; and for Dr. James Nicholas et al. by John D. Echeverria.

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