Cite as: 535 U. S. 302 (2002)
Opinion of the Court
of use across all of the parcel." Id., at 776. In each situation, a regulation that affects only a portion of the parcel— whether limited by time, use, or space—does not deprive the owner of all economically beneficial use.15
The Court of Appeals distinguished Lucas as applying to the " 'relatively rare' " case in which a regulation denies all productive use of an entire parcel, whereas the moratoria involve only a "temporal 'slice' " of the fee interest and a form of regulation that is widespread and well established. 216 F. 3d, at 773-774. It also rejected petitioners' argument that our decision in First English was controlling. According to the Court of Appeals, First English concerned the question whether compensation is an appropriate remedy for a temporary taking and not whether or when such a taking has occurred. 216 F. 3d, at 778. Faced squarely with the question whether a taking had occurred, the court held that Penn Central was the appropriate framework for analysis. Petitioners, however, had failed to challenge the District
15 The Court of Appeals added: "Each of these three types of regulation will have an impact on the parcel's value, because each will affect an aspect of the owner's 'use' of the prop-erty—by restricting when the 'use' may occur, where the 'use' may occur, or how the 'use' may occur. Prior to Agins [v. City of Tiburon, 447 U. S. 255 (1980)], the Court had already rejected takings challenges to regulations eliminating all 'use' on a portion of the property, and to regulations restricting the type of 'use' across the breadth of the property. See Penn Central, 438 U. S. at 130-31 . . . ; Keystone Bituminous Coal Ass'n, 480 U. S. at 498-99 . . . ; Village of Euclid v. Ambler Realty Co., 272 U. S. 365, 384, 397 . . . (1926) (75% diminution in value caused by zoning law); see also William C. Haas & Co. v. City & County of San Francisco, 605 F. 2d 1117, 1120 (9th Cir. 1979) (value reduced from $2,000,000 to $100,000). In those cases, the Court 'uniformly reject[ed] the proposition that diminution in property value, standing alone, can establish a "taking." ' Penn Central, 438 U. S. at 131 . . . ; see also Concrete Pipe and Products, Inc. v. Construction Laborers Pension Trust, 508 U. S. 602, 645 . . . (1993). There is no plausible basis on which to distinguish a similar diminution in value that results from a temporary suspension of development." Id., at 776-777.
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