The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Monday, March 2, 1992
Decision: Monday, June 29, 1992
Issues: Due Process, Takings Clause
Categories: environment, justiciability, police power, property, takings clause
Tags: Rehnquist: Miscellaneous, Rehnquist on iTunes U

Advocates

C. C. Harness, III (on behalf of the Respondent)
A. Camden Lewis (Argued the cause for the petitioner)

Facts of the Case

In 1986, Lucas bought two residential lots on the Isle of Palms, a South Carolina barrier island. He intended to build single-family homes as on the adjacent lots. In 1988, the state legislature enacted a law which barred Lucas from erecting permanent habitable structures on his land. The law aimed to protect erosion and destruction of barrier islands. Lucas sued and won a large monetary judgment. The state appealed.

Question

Does the construction ban depriving Lucas of all economically viable use of his property amount to a "taking" calling for "just compensation" under the Fifth and Fourteenth Amendments?

Conclusion

Yes. In a 6-to-2 decision, the Court relied on the trial court's finding that Lucas's lots had been rendered valueless by the state law. "[W]hen the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good...he has suffered a taking."

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 6 votes for Lucas, 2 vote(s) against
Legal Provision: Takings Clause
Voted with the majority
Rehnquist
Voted with the majority
White
Wrote a dissent
Blackmun
Wrote a dissent
Stevens
Voted with the majority
O'Connor
Wrote the majority opinion
Scalia
Wrote a special concurrence
Kennedy
Wrote a jurisdictional dissent
Souter
Voted with the majority
Thomas
Full Opinion by Justice Antonin Scalia

Cite this page

The Oyez Project, Lucas v. South Carolina Coast Council, 505 U.S. 1003 (1992),
available at: <http://www.oyez.org/cases/1990-1999/1991/1991_91_453/>
(last visited ).