Property rights and coastal protection: Lucas and the U.S. Supreme Court

Abstract

In 1986 David Lucas bought two oceanfront lots on the Isle of Palms near Charleston, South Carolina. Although at the time of purchase both lots were zoned for single family homes, the passage of the 1988 South Carolina Beachfront Management Act prevented Lucas from building on the lots. Lucas filed a lawsuit requesting $1.2 million in compensation under the takings clause of the Fifth Amendment, which states that private property cannot be taken for public use “without just compensation.” In June 1992, in Lucas v. South Carolina Coastal Council, (91–453), the U.S. Supreme Court ruled that the state must show in more detail why Lucas’ planned use of his property would cause public harm or show that the original title permitted the restriction. The decision has broad implications for future government restrictions on land use in general and environmental policy in particular.