User:Masem/test/infoscot
< User:Masem | test
| Lucas v. South Carolina Coastal Council | |
|---|---|
 | |
| Argued March 2, 1992 Decided June 29, 1992 | |
| Full case name | David H. Lucas, v. South Carolina Coastal Council |
| Citations | 505 U.S. 1003 (more) 12 S. Ct. 2886; 120 L. Ed. 2d 798; 1992 U.S. LEXIS 4537; 60 U.S.L.W. 4842; 34 ERC (BNA) 1897; 92 Daily Journal DAR 9030; 22 ELR 21104; 6 Fla. L. Weekly Fed. S 715 |
| Case history | |
| Prior | 304 S.C. 376, 404 S.E.2d 895 (1991); cert. granted, 502 U.S. 966 (1991). |
| Subsequent | On remand at the South Carolina Supreme Court, 309 S.C. 424, 424 S.E.2d 484 (1992). |
| Holding | |
| A regulation that deprives an owner of all economically beneficial uses of land constitutes a taking unless the proscribed use interests were not part of the title to begin with. In other words, a law or decree with the effect of depriving all economically beneficial use must do no more than duplicate the result that could have been achieved in the courts under the law of nuisance. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Scalia, joined by Rehnquist, White, O'Connor, Thomas |
| Concurrence | Kennedy (in judgment) |
| Dissent | Blackmun |
| Dissent | Stevens |
| Statement | Souter, joined by Stevens |
| Statement | Scalia, joined by Stevens |
| Laws applied | |
| U.S. Const. amends. V, XIV | |