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Abstract
| Argument: |
Monday, March 2, 1992
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| 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 |
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Advocates
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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."