LUCAS V. SOUTH CAROLINA COASTAL COUNCIL 505 U.S. 1003 (1992) CASE BRIEF

LUCAS V. SOUTH CAROLINA COASTAL COUNCIL

505 U.S. 1003 (1992)

NATURE OF THE CASE: This is about a taking of property from a Beachfront Management Act.

FACTS: South Carolina began managing its coastal zone in 1977 when it enacted the Coastal Zone Management Act. That law required owners of coastal land to obtain a permit from the Council prior to committing the land to a use other than the use the critical area was devoted to on September 28, 1977. In 1986, Lucas (P) paid $975,000 for two residential lots with the intent to build single family homes. No parts of the parcels were critical areas under the 1977 legislation and he did not need to get a permit. The South Carolina Legislature enacted the Beachfront Management Act, which barred P from erecting any permanent habitable structures on his land. The State trial court found that the land was without value and required the payment of just compensation. The Supreme Court of South Carolina reversed. The Court ruled that, when a regulation respecting the use of property is designed 'to prevent serious public harm,' no compensation is owing under the Takings Clause regardless of the regulation's effect on the property's value. The Supreme Court granted certiorari.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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