The Lucas Case: Old Wine in Old Bottles

Abstract

Lucas v. South Carolina Coastal Council, No. 91-453 (U.S. June 29, 1992), 44 ZD 302, is essentially old wine in old bottles. Falling squarely within established just compensation clause jurisprudence, the majority holds that a taking occurs in the rare case where government action denies all economically viable use of property, unless the government action is preventing a nuisance. Although the majority may be criticized for its sometimes careless language and inconsistencies, it is hardly making “sweeping” and “misguided and unsupported changes in [the Court's] taking doctrine.” Slip op. at 26 (Blackmun, J., dissenting).