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Lucas v. South Carolina: Difference between revisions
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* Lucas won: the trial court awarded compensation to Lucas. | * Lucas won: the trial court awarded compensation to Lucas. | ||
* Lucas lost in the South Carolina Supreme Court. | * Lucas lost in the South Carolina Supreme Court. | ||
|issues=When a land-use regulation completely destroys the land's economic value, is it a taking requiring just compensation? | |||
|arguments=* Lucas argued that the ban on residential development by the beach was a regulatory taking requiring "just compensation." | |arguments=* Lucas argued that the ban on residential development by the beach was a regulatory taking requiring "just compensation." | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
Revision as of 16:01, April 3, 2024
| Lucas v. South Carolina | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | 505 U.S. 1003 |
| Date decided | June 29, 1992 |
| Appealed from | South Carolina Supreme Court |
Facts
- Lucas purchased 2 un-developed beachfront parcels of land in South Carolina.
- Lucas wanted to build a single-family house on each parcel.
- Before the construction could commence, the state of South Carolina banned residential development on the parcels.
Procedural History
- Lucas sued the South Carolina Coastal Council.
- Lucas won: the trial court awarded compensation to Lucas.
- Lucas lost in the South Carolina Supreme Court.
Issues
When a land-use regulation completely destroys the land's economic value, is it a taking requiring just compensation?
Arguments
- Lucas argued that the ban on residential development by the beach was a regulatory taking requiring "just compensation."
Resources
