Suitum v. Tahoe Regional Planning Agency, 520 U.S. 725, 9 (1997)

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Cite as: 520 U. S. 725 (1997)

Opinion of the Court

is no final decision as to how [Suitum] will be allowed to use her property." No. CV-N-91-040-ECR (D. Nev., Mar. 30, 1994), App. to Pet. for Cert. C-3. Although the court found that "there is significant value in the transfer of [Suitum's TDR's], . . . until [specific] values attributable to the transfer program are known, the court cannot realistically assess whether and to what extent [the agency's] regulations have frustrated [Suitum's] reasonable expectations." Id., at C-3 to C-4.

The Court of Appeals for the Ninth Circuit affirmed this ripeness ruling for the like reason that "[w]ithout an application for the transfer of development rights" there would be no way to "know the regulations' full economic impact or the degree of their interference with [Suitum's] reasonable investment-backed expectations," and without action on a transfer application there would be no " 'final decision from [the agency] regarding the application of the regulation[s] to the property at issue.' " 6 80 F. 3d 359, 362-363 (1996). We granted certiorari to consider the ripeness of Suitum's takings claim, 519 U. S. 926 (1996), and now reverse.

II

The only issue presented is whether Suitum's claim of a regulatory taking of her land in violation of the Fifth and Fourteenth Amendments is ready for judicial review under prudential ripeness principles.7 There are two independent

6 The court held that "[t]hese ripeness requirements," while developed in the regulatory taking context, "are equally applicable to the due process and equal protection claims." 80 F. 3d, at 362, n. 1. We address only the ripeness requirements for Suitum's takings claim, however, and express no opinion on the ripeness of her other claims.

7 "We have noted that ripeness doctrine is drawn both from Article III limitations on judicial power and from prudential reasons for refusing to exercise jurisdiction." Reno v. Catholic Social Services, Inc., 509 U. S. 43, 57, n. 18 (1993). The agency does not question that Suitum properly presents a genuine "case or controversy" sufficient to satisfy Article III, but maintains only that Suitum's action fails to satisfy our prudential ripeness requirements.

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