Constitutional Law Keyed to Chemerinsky
Lucas v. South Carolina Coastal Council
The Petitioner purchased two beachfront lots for $975,000 in 1986. He intended to build single-family homes on each lot. But, in 1988 the South Carolina legislature passed the Beachfront Management Act (the Act) that barred the building. The Act’s stated purpose was to protect property from storms, tides and beach erosion and as an environmental protection. The Petitioner did not challenge the state’s right to pass the Act or its justifications for doing so. The Petitioner did claims that the passage of the Act resulted in a taking of the property since he cannot use it for the intended purpose.
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