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Regulatory Takings And Wetland Protection In The Post-Lucas Era, Richard C. Ausness
Regulatory Takings And Wetland Protection In The Post-Lucas Era, Richard C. Ausness
Law Faculty Scholarly Articles
In June 1992, the United States Supreme Court decided Lucas v. South Carolina Coastal Council. The case involved a claim for compensation against the State of South Carolina by a landowner who was prohibited from placing structures on two of his beachfront lots. The Court declared that the landowners must be compensated when government regulations deprive them of all economically beneficial or productive uses of their property unless the proscribed uses were not permitted as part of their original titles.
Although some legal commentators have praised the Lucas decision, others have strongly condemned it. A common criticism of Lucas …