Lucas v. South Carolina Coastal Council
505 U.S. 1003 (1992)
Lucas bought some beachfront
property on an island for $975k in order to build a pair of houses.
Two years later, the South
Carolina legislature passed the Beachfront Management Act that made it illegal for Lucas to develop the
land. Lucas sued.
Lucas argued that the law
constituted a taking of his
property without just compensation, hence a violation of the 5th
Under the 5th Amendment, the government has a right to take land,
but it must be for the public good and there must be compensation.
South Carolina argued that
this was a legitimate use of police power because Lucas' construction
would cause beach erosion and the destruction of a valuable public
The Trial Court found for
Lucas. South Carolina appealed.
The Trial Court found that
the new law deprived Lucas of 100% of the economic value of the land, and
therefore constituted a taking.
Even if Lucas didn't lose
100% of the value, clearly he lost the "primary investment backed
expectation" value that was mentioned in Penn Central v. City of
New York (438 U.S. 104 (1978)).
The South Carolina Supreme
Court reversed. Lucas appealed.
The South Carolina Supreme
Court found that the Statute served a valuable public purpose and
therefore no compensation was required by the 5th Amendment.
The US Supreme Court reversed
and remanded for trial.
The US Supreme Court found
that there are two clear-cut cases of regulatory takings:
Physical occupation of
Denial of all economically
productive use of private property.
The Court found that when
the State deprives a property owner of 100% of the economic value of
their land for some public purpose, it is a taking unless the use that is being taken away was
never part of the title to the land in the first place.
For example, it's not a
taking to deprive the owner of the right to create a nuisance on their
land, because that wasn't part of their property rights anyway.
The Court remanded for trial
since South Carolina could possibly show that if Lucas' intended use of
the land constituted a nuisance,
the law would stand and Lucas would not get compensation.
South Carolina had a
reasonable argument that causing the erosion of a public beach was a
This case established the total
takings test for evaluating whether a
particular regulatory action constitutes a regulatory taking that requires
Basically, the Court held
that land use regulations that prohibit all economic uses of a property are takings, unless the prohibited uses are nuisances.
Total takings analysis requires a consideration of:
The degree of harm to
public lands or adjacent property posed by the regulated activities.
The social value of such
The relative ease with
which the alleged harms can be avoided through measures taken by either
the claimant or the government.
Did Lucas' land really lose
"all economic value" as the majority suggested? In a dissent,
it was argued that the land was still quite valuable for camping and such.
If the land still has some economic value, it isn't covered by the total
takings doctrine that the Court developed for this case.
The dissent felt that the
test shouldn't be whether the prohibition results in the availability of
some residual value or not, but whether the government interest was
sufficient to prohibit the activity given the significant private cost.
In another dissent, it was
argued that the new rule is rather arbitrary. If someone loses 100% of
the value of their land, they are entitled 100% compensation, but if they
only lose 95% of the value, they are entitled to nothing. That doesn't
Some States agree, and have
enacted Statutes that provide for some compensation when a regulation
partially reduces the value of a property.