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The Effect Of Lucas V. South Carolina Coastal Council On The Law Of Regulatory Takings, Ann T. Kadlecek

Washington Law Review

In Lucas v. South Carolina Coastal Council, the United States Supreme Court established a two-part takings analysis. The first step is an "economically viable use" threshold question, subject to a nuisance exception. The second step is a balancing test in which courts weigh the public and private interests involved. Although this two-part analysis differs in structure from most lower court takings analyses, most courts already apply a functionally equivalent test. Therefore, unless the Court alters the unit of land to which it applies, this new analysis will have little effect on the outcome of takings challenges to land use regulations.