Lucas v. South Carolina Coastal Council [1992]

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

State and Local Government Lawstate-and-local-government-lawState and Local Government LawRegulatory takings and total deprivation of value

Issue

Whether a regulation that deprives land of all economically beneficial use is a per se taking.

Held

Yes, unless the regulation merely implements background principles of property law.

Exam use

Summary

Whether a regulation that deprives land of all economically beneficial use is a per se taking.

Facts

Issue

Whether a regulation that deprives land of all economically beneficial use is a per se taking.

Held

Yes, unless the regulation merely implements background principles of property law.

Ratio Decidendi

Government regulation that denies all economically viable use of land constitutes a per se taking, requiring compensation, unless the use is already prohibited by nuisance or property law.

Reasoning

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Reference to Lucas v. South Carolina Coastal Council (505 U.S. 1003) strengthens a State and Local Government Law answer because the case reflects the principle that Government regulation that denies all economically viable use of land constitutes a per se taking, requiring compensation, unless the use is already prohibited by nuisance or property law. Applied to a problem question, the case should be used after identifying the issue as Whether a regulation that deprives land of all economically beneficial use is a per se taking. 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

  • state-and-local-government-law
  • State and Local Government Law
  • Regulatory takings and total deprivation of value
  • case authority
  • exam application

Significance

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