Jr. Rinehart et Jj. Pompe, PROPERTY-RIGHTS AND COASTAL PROTECTION - LUCAS AND THE UNITED-STATES-SUPREME-COURT, Society & natural resources, 8(2), 1995, pp. 169-176
In 1986 David Lucas bought two oceanfront lots on the Isle of Palms ne
ar Charleston, South Carolina. Although at the time of purchase both l
ots were zoned for single family homes, the passage of the 1988 South
Carolina Beachfront Management Act prevented Lucas from building on th
e lots. Lucas filed a lawsuit requesting $1.2 million in compensation
under the takings clause of the Fifth Amendment, which states that pri
vate property cannot be taken for public use ''without just compensati
on.'' In June 1992, in Lucas v. South Carolina Coastal Council, (91-45
3), the U.S. Supreme Court ruled that the state must show in more deta
il why Lucas' planned use of his property would cause public harm or s
how that the original title permitted the restriction. The decision ha
s broad implications for future government restrictions on land use in
general and environmental policy in particular.