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Commentary

Takings Law: Strategies for Dealing with Lucas

Pages 3-10 | Published online: 21 Jul 2011
 

Abstract

Lucas v. South Carolina Coastal Council, 112 S. Ct. 2886 (1992), 44 ZD 302, stands as an invitation to litigation for those aggrieved by state and local land-use decisions. In Lucas, the Supreme Court ruled that communities' are liable for compensation for regulatory takings that fall in the category of depriving the property owner all economically beneficial use of the land. Because of this categorical rule, the Lucas decision has far broader impacts than the Court's landmark decision in First English Evangelical Lutherun Church v. Los Angeles County, 107 S. Ct. 2378 (1987),39 ZD 206, which addressed only the remedy for regulatory takings. For these reasons, communities must understand Lucas and develop new strategies for limiting its impacts on land-use planning. More than ever before, community planners and attorneys must work together to prevent adverse takings decisions.

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