Lucas v. South Carolina (1992)
Issue: Does the Act’s effect on the economic value of Lucas’ lots accomplish a taking of private property requiring “just compensation” under the 5th and 14th As.?
Categories of compensable action: 1. Regulations that compel the property owner to suffer a physical “invasion” of his property; 2. Where regulation denies all economically beneficial or productive use of land.
Holding: Court said that the Act was a regulatory taking unless there was a similar restriction on development when he bought the land.
Facts: Lucas paid $975K for two residential lots in 1986. Two years later, Beachfront Management Act enacted which barred Lucas from building on his parcels.
Issue: Does the Act’s effect on the economic value of Lucas’ lots accomplish a taking of private property requiring “just compensation” under the 5th and 14th As.?
Categories of compensable action: 1. Regulations that compel the property owner to suffer a physical “invasion” of his property; 2. Where regulation denies all economically beneficial or productive use of land.
Holding: Court said that the Act was a regulatory taking unless there was a similar restriction on development when he bought the land.
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