Find Court Cases > Lucas v. South Carolina Coast Council

Lucas v. South Carolina Coast Council

Case Date: 03/02/1992
Docket No: none

Facts of the Case 

In 1986, Lucas bought two residential lots on the Isle of Palms, a South Carolina barrier island. He intended to build single-family homes as on the adjacent lots. In 1988, the state legislature enacted a law which barred Lucas from erecting permanent habitable structures on his land. The law aimed to protect erosion and destruction of barrier islands. Lucas sued and won a large monetary judgment. The state appealed.

Question 

Does the construction ban depriving Lucas of all economically viable use of his property amount to a "taking" calling for "just compensation" under the Fifth and Fourteenth Amendments?

Argument Lucas v. South Carolina Coast Council - Oral ArgumentFull Transcript Text  Download MP3Lucas v. South Carolina Coast Council - Opinion AnnouncementFull Transcript Text  Download MP3 Conclusion  Decision: 6 votes for Lucas, 2 vote(s) against Legal provision: Takings Clause

Yes. In a 6-to-2 decision, the Court relied on the trial court's finding that Lucas's lots had been rendered valueless by the state law. "[W]hen the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good...he has suffered a taking."