The Supreme Court held that when land-use and environmental regulations deprive property owners of the total value of their land, the owners have a takings clause claim unless the governmental authority can defend the regulations as necessary to prevent a public harm or nuisance.
In 1986 David Lucas purchased two oceanfront parcels on the Isle of Palms with the intention of constructing single-unit residences. In 1988, however, the state legislature enacted a statute that barred Lucas from erecting permanent structures on his parcels. Lucas filed suit, contending that the ban on construction deprived him of all “economically viable use” of his property and therefore constituted a taking under the Fifth and Fourteenth Amendments, requiring payment of just compensation. The state’s highest court, relying on Keystone Bituminous Coal Association v. DeBenedictis
By a 6-3 vote, the Supreme Court remanded the case to the state courts to decide whether Lucas had been deprived of all the economic value of his property and whether the building restriction had been designed to prevent a “harmful or noxious use” of the land. Speaking for the majority, Justice Antonin Scalia
Dolan v. City of Tigard
Keystone Bituminous Coal Association v. DeBenedictis
Nollan v. California Coastal Commission
Pennsylvania Coal Co. v. Mahon
Property rights
Takings clause
Zoning