The Lucas Case: The Trial Court Strategy and the Case's Effect on the Property Rights Movement.

Autor: Want, Bill
Zdroj: Stanford Environmental Law Journal; Jan2008, Vol. 27 Issue 1, p271-295, 25p
Abstrakt: Takings law has become a key legal consideration in the fonnulation of government regulations. No case is more significant to this field than the 1992 Supreme Court decision in Lucas v. South Carolina Coastal Council. It was the first regulatory takings case decided by the Court in which compensation was awarded. It gave the property rights movement its poster child to demonstrate excessive government regulation, and government officials, from local zoning boards to federal department heads, were forewarned as to the potential costs of regulation. Much ink has been spilt in legal textbooks, law reviews and the popular press on the Lucas case and the property rights movement it helped to invigorate. This article reveals, for the first time, personal insights of the trial counsel for the South Carolina Coastal Council and describes the case's connection to current property rights initiatives. [ABSTRACT FROM AUTHOR]
Databáze: Supplemental Index