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Noxious use doctrine

Lucas v. South Carolina Coastal Council: The Takings Test Turns a Corner

Editors' Summary: Lucas v. South Carolina Coastal Council evoked great interest during the U.S. Supreme Court's 1991-92 Term, attracting dozens of amicus briefs and producing speculation about whether the case would be a...

In the Wake of Lucas v. South Carolina Coastal Council: A Critical Look at Six Questions Practitioners Should Be Asking

Editors' Summary: Lucas v. South Carolina Coastal Council evoked great interest during the U.S. Supreme Court's 1991-92 Term, attracting dozens of amicus briefs and producing speculation about whether the case would be a...

Lucas v. South Carolina Coastal Council: Indirection in the Evolution of Takings Law

Editors' Summary: On the last day of its 1992 Spring Term, the U.S. Supreme Court announced its long-awaited decision on land-use regulation in Lucas v. South Carolina Coastal Council, 22 ELR 21104. In Lucas, a 5-4...

Lucas v. South Carolina Coastal Council

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...

Lucas v. South Carolina Coastal Council

The Court rules that a South Carolina beachfront regulation that prohibits construction seaward of a setback line cannot be sustained without paying just compensation for a developer's lost use of two vacant beachfront lots. The...