Tahoe-Sierra: The Great Terrain Robbery, or Simply a Bridge Too Far for Landowners?

Abstract

Landowners who file facial challenges in regulatory takings cases often face A Bridge Too Far,¹ particularly in the Supreme Court.² They must show that the mere enactment of the regulation effects a taking of their property. Not only do they lose the vast majority of these cases, as often as not, they are bombarded with broadly worded opinions that can come back to haunt them in subsequent “as applied” challenges to the same regulations.