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Beard v. South Carolina Coastal Council

ELR Citation: 22 ELR 20036
Nos. No. 23363, 403 S.E.2d 620/(S.C., 03/11/1991)

The court holds that the permit administrator and South Carolina Coastal Council's denial of an application to build a new bulkhead on beachfront property in violation of the state Coastal Zone Management Act does not constitute an unconstitutional taking of the land between the existing and proposed bulkheads. The court first notes that a taking is determined on the entire land and not on a particular segment. The court further finds that enforcement of the Act has only a minimal impact on the property owners because owners' rights to sell, use, or exclude others from the land are intact. The state also has a substantial and legitimate interest in enforcing the Act to protect the coastal environment.

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

James S. Chandler Jr.
South Carolina Environmental Law Project
P.O. Box 279, Pawleys Island SC 29585
(803) 527-0078

Counsel for Respondents
Fred B. Newby
Newby & Pridgen
P.O. Box 719, Myrtle Beach SC 29578
(803) 449-9417

GREGORY, C. J., and FINNEY, J., concur.

CHANDLER, J., concurs in separate opinion.

HARWELL, J., dissents in separate opinion.