In Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992), governmental regulations depriving a property owner of all economically viable use of property, were held to be compensable under the Takings Clause of the United States Constitution.
Plaintiff Lucas buys two lots for nearly $1,000,000.00 in the Isle of Palms in South Carolina. Defendant South Carolina Coastal Council enacts the Beachfront Management Act which prohibits building permanent structures on the lot. Plaintiff Lucas brings suit, arguing the Act amounts to a Regulatory Taking as it deprives his land of all value. Home » Case Briefs Bank » Constitutional Law » Lucas v. South Carolina Coastal Council Case Brief. Lucas v. South Carolina Coastal Council Case Brief.
Lucas v. South Carolina Coastal Council , 505 U.S. 1003 (1992), was a case in which the Supreme Court of the United States established the "total takings" test for evaluating whether a particular regulatory action constitutes a regulatory taking that requires compensation. Dec 22, 2017 · Lucas v. South Carolina Coastal Council/Separate Souter. From Wikisource < Lucas v. South Carolina Coastal Council. ... see Brief for Respondent 45-50, the Court is ... South Carolina Coastal Council decision, and "partial" takings claims under the test developed in Penn Central Transportation Company v. City of New York. The analysis concludes that under either a Lucas or Penn Central test, bluff-top landowners are not entitled to compensation should they lose properties due to seawall regulations. Lucas v. South Carolina Coastal Council Case Brief - Rule of Law: Regulation that destroys all economically viable use will be considered a taking unless rooted in background principles of common law nuisance and state property law.
Facts: Lucas bought some beachfront property in 1986 for $975,000, intending to build single-family residences on it. At the time he bought is, a coastal zone management statute was in effect which regulated the use of certain “critical areas” in the beachfront areas, but Lucas’ property was not a “critical area.” was a categorical taking of the parcel under Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992). Pet.App.1a. The Government’s request for further review of the Federal Circuit’s two separate decisions rests entirely on fact-based arguments presented too late in the very long life of this case. Lost Tree and the Government entered A summary and case brief of Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002), including the facts, issue, rule of law, holding and reasoning, key terms, and concurrences and dissents. The South Carolina Supreme Court reversed the decision below and held that the regulations in question did not constitute a taking, even if they did wipe out the entire value of the property in question. Lucas v. South Carolina Coastal Council, 404 S.E.2d 895, 898 (S.C. 1991). Lucas v. South Carolina Coastal Council , 505 U.S. 1003 (1992), a. provides a categorical rule that compensation is required when a regulation deprives an owner of "all economically beneficial uses" of his land.