Lucas v. South Carolina Coastal Council [1992]

505 U.S. 1003 (1992) · Supreme Court of the United States · United States

Property Law (Real Property)property-lawProperty Law (Real Property)Regulatory taking; Total deprivation

Issue

Whether a regulation that denies all economically beneficial use of land is a per se taking without compensation.

Held

Regulation that denies all economically beneficial use is a taking unless it is part of the background principles of property law.

Exam use

Summary

Whether a regulation that denies all economically beneficial use of land is a per se taking without compensation.

Facts

Issue

Whether a regulation that denies all economically beneficial use of land is a per se taking without compensation.

Held

Regulation that denies all economically beneficial use is a taking unless it is part of the background principles of property law.

Ratio Decidendi

Total regulatory takings are compensable unless the use was never part of the owner's title under nuisance or similar principles.

Reasoning

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Reference to Lucas v. South Carolina Coastal Council (505 U.S. 1003 (1992)) strengthens a Property Law (Real Property) answer because the case reflects the principle that Total regulatory takings are compensable unless the use was never part of the owner's title under nuisance or similar principles. Applied to a problem question, the case should be used after identifying the issue as Whether a regulation that denies all economically beneficial use of land is a per se taking without compensation. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.

Underlying Concepts

  • property-law
  • Property Law (Real Property)
  • Regulatory taking; Total deprivation
  • case authority
  • exam application

Significance

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