Moratoria as Takings under Lucas

Abstract

When the United States Supreme Court decided Lucas v. South Carolina Coastal Council, 112 S.Ct. 2886 (1992), 44 ZD 302, many observers predicted a resurgence of private property rights and some erosion of the public's authority to regulate land uses. One type of land-use regulation that Lucas may impact more heavily is interim zoning regulations such as moratoria. Prior to Lucas, courts were quite lenient on moratoria. Now, in some instances, moratoria may even be found to be “categorical takings” under a Lucas analysis and compensation may be found due and owing for a temporary taking of all economically beneficial or productive use.