The Lucas majority opinion raises difficult doctrinal issues including (1) whether courts ought to use a special takings test when a regulation eliminates all economically viable use of a piece property, and (2) the scope of the potential government defense that “no property” has been taken. This Article further explores these issues by examining shoreline change, harm/benefit distinction, and the public nuisance doctrine. Additionally, this Article argues that the specific facts of Lucas suggest that Mr. Lucas may not have owned the property in question at the time he filed the case
Oceanfront landowners and states share a property boundary that runs between the wet and dry parts o...
This Note examines what state courts and lower federal courts have found to be background principle...
In recent decades, the Supreme Court has used oceanfront property as a principal vehicle for the dev...
The Lucas majority opinion raises difficult doctrinal issues including (1) whether courts ought to u...
This article argues that the Court\u27s reliance on the law of property neither creates an internal ...
This Article addresses the need for a more binding Supreme Court decision precluding states from red...
This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina...
In Lucas v. South Carolina Coastal Council, the United Supreme Court was forced once again to delve ...
The Oregon Supreme Court recently issued an en banc decision in Stevens v. City of Cannon Beach affi...
Lucas v. South Carolina Coastal Council\u27 obviously presents issues that range far more broadly th...
This article surveys the United States Supreme Court decision, Lucas v. South Carolina Coastal Commi...
Lucas v. South Carolina Coastal Council is one of several recent Supreme Court decisions in which th...
In Lucas v. South Carolina Coastal Council, the Supreme Court held that, when a regulation has depri...
This article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting i...
It was not until the last day of the term, June 29, 1992, that the Court decided Lucas. By that time...
Oceanfront landowners and states share a property boundary that runs between the wet and dry parts o...
This Note examines what state courts and lower federal courts have found to be background principle...
In recent decades, the Supreme Court has used oceanfront property as a principal vehicle for the dev...
The Lucas majority opinion raises difficult doctrinal issues including (1) whether courts ought to u...
This article argues that the Court\u27s reliance on the law of property neither creates an internal ...
This Article addresses the need for a more binding Supreme Court decision precluding states from red...
This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina...
In Lucas v. South Carolina Coastal Council, the United Supreme Court was forced once again to delve ...
The Oregon Supreme Court recently issued an en banc decision in Stevens v. City of Cannon Beach affi...
Lucas v. South Carolina Coastal Council\u27 obviously presents issues that range far more broadly th...
This article surveys the United States Supreme Court decision, Lucas v. South Carolina Coastal Commi...
Lucas v. South Carolina Coastal Council is one of several recent Supreme Court decisions in which th...
In Lucas v. South Carolina Coastal Council, the Supreme Court held that, when a regulation has depri...
This article critiques the Court\u27s attempt to cabin the Lucas per se takings rule by limiting i...
It was not until the last day of the term, June 29, 1992, that the Court decided Lucas. By that time...
Oceanfront landowners and states share a property boundary that runs between the wet and dry parts o...
This Note examines what state courts and lower federal courts have found to be background principle...
In recent decades, the Supreme Court has used oceanfront property as a principal vehicle for the dev...