Lucas v. South Carolina Coastal Council : 505 U.S. 1003 (1992)

Author / Creator

Lucas, David, 1947-

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Summary

Mr. Lucas paid $945,000 for two beachfront lots on the Isle of Palms in South Carolina in 1986, intending to build single family homes on the property. In 1988, the South Carolina legislature enact...

Mr. Lucas paid $945,000 for two beachfront lots on the Isle of Palms in South Carolina in 1986, intending to build single family homes on the property. In 1988, the South Carolina legislature enacted the Beachfront Management Act pursuant to the federal Coastal Zone Management Act of 1972. The federal Coastal Management Act allowed states to receive federal grants for developing programs to control and lessen shoreline erosion. Under the provisions of the Beachfront Management Act, Lucas' property fell within an area where occupiable improvements were prohibited. Lucas filed suit alleging that the Act's construction led to a taking without just compensation and was prohibited under the Fifth Amendment to the U.S. Constitution. The South Carolina's Court of Common Pleas agreed. The Supreme Court of South Carolina reversed and the U.S. Supreme Court granted certiorari.

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