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Analyze Lucas

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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 that government’s restriction on the use of his land without compensation was a taking of his property.

I agree with the majority opinion that Lucas did suffer a governmental taking – Lucas was being policed by the South Carolina Coastal Council; the banning of the construction caused Lucas monetary damages and the government taking was violating Lucas’s constitutional rights such as Fifth and Fourteenth Amendments. In addition, to my belief when government declares that a property or a piece of land is viewed as nuisance – and the government by its police powers takes it from the owner for government use, thus, government regulating of the land entirely devalues the property; therefore, compensation must be paid. Government’s power of eminent domain must be restricted. Fifth Amendment protects against abuse of government authority “…nor shall private property be taken for public use, without just compensation.” Also, when Lucas purchased the 2 pieces of lands, which were located approximately 300 feet from the beach; at the time of purchase the parcels did not qualify as “critical area”. (Halbert & Ingulli, 2012, p.

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