Height Restrictions near Airports: Physical Takings, Regulatory Takings, or Police Power Exercises?

Abstract

A case pending before the Nevada Supreme Court could be a seminal decision in the often-litigated arena of takings law. The case, County of Clark v. Tien Fu Hsu, Lisa Family Trust, involves the constitutionality of a height restriction imposed by Clark County. The restriction affects privately owned buildings and structures near McCarran Airport (the airport serving Las Vegas). The restriction was intended to prevent the creation of aviation hazards for airplanes that might need additional maneuvering room close to the runways of the airport.