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Lucas v. South Carolina Coastal Council

Citation: 23 ELR 20297
No. No. 23342, 424 S.E.2d 484/(S.C., 06/30/1992) On remand

On remand from the U.S. Supreme Court, the South Carolina Supreme Court directs the trial court to make specific findings of damages, commencing with the date of enactment of the 1988 state Beachfront Management Act through the date of the court's order, to compensate a landowner for a temporary deprivation of the use of his beachfront property. The U.S. Supreme Court previously held that the state could not prohibit building on coastal areas, under a 1988 law protecting the state's coastline, unless it proved development was a nuisance or a public safety hazard under state common-law principles. On remand, the state supreme court holds that no basis exists in common law for concluding that the plaintiff's intended use of his land was not part of the bundle of rights inhering in his title. The court notes that its decision has no bearing on subsequent deprivations that may arise with regard to permits for future construction.

[The U.S. Supreme Court's decision is published at 22 ELR 21104.]

Counsel for Respondent
C.C. Harness III, General Counsel
South Carolina Coastal Council
4130 Faber Pl., Ste. 300, Charleston SC 29405
(803) 744-5838

Counsel for Appellant
A. Camden Lewis
Lewis, Babcock & Hawkins
1513 Hampton St., P.O. Box 11208, Columbia SC 29211
(803) 771-8000