Essay about Analyze Lucas

881 Words Feb 6th, 2013 4 Pages
Analyze the Lucas vs. South Carolina Coastal Council case to determine whether you agree with the majority opinion or the minority opinion. Explain your rationale.

South Carolina's Coastal Zone Management Act required land owners near beaches to obtain permits from South Carolina Coastal Council before starting constructions. However, in 1986 Lucas purchased beach front land for $975,000. Lucas planned to build a family home on one of the lots; but before he could build the family home, in 1988 (2 years past his purchase) South Carolina’s General Assembly passed the Beachfront Management Act. The Beach Front Management Act deprived Lucas from building family home on his new land. Lucas filed a lawsuit. In his lawsuit he stated
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(Halbert & Ingulli, 2012, p. 232). Further, I don’t think it was fair for Lucas not to build a house like the 2 immediate adjacent parcel owners who had already done. Should Lucas’s intentions were different than his 2 adjacent homes, than, the government could have stopped him… “on this analysis, the owner of a lake bed, for example, would not be entitled to compensation when he is denied the requisite permit to engage in a landfilling operation that would have the effect of flooding others’ land”. (Halbert & Ingulli, 2012, p. 233). Once again I agree with Justice Scalia stating that since the government regulation deprived Lucas of any and all economically beneficial use of his lands; substantially leaving the lands in its natural state…the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good, that is, to leave his property economically idle, he has suffered taking. (Halbert & Ingulli, 2012, p. 233). For Lucas to suffer a physical “invasion” of his property…no matter how minute the intrusion, and no matter how weighty the public purpose behind it…we have required compensation. (Halbert & Ingulli, 2012, p. 233). Moving forward in legal matters there must always be laws and exceptions clauses to protect those people like Lucas who already owned a piece of property before and after an Act is passed.

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