Download this Paper Open PDF in Browser

The Public Trust Doctrine: The Public Trust Doctrine and Takings: A Post-Lucas View

16 Pages Posted: 22 Feb 2013  

Martin H. Belsky

University of Akron - School of Law

Date Written: 1994

Abstract

During the last five years, the United States Supreme Court has evolved a new "takings" doctrine. Starting with Nollan v. California Coastal Commission and then most recently in Lucas v. South Carolina Coastal Council, the Court has sent a clear message to land-use regulators. General regulatory control over land-use will now be carefully scrutinized. If a type of land-use is barred or substantially restricted, it will be found to be a "taking" requiring compensation, unless such controls can be justified as based on historic common law principles of property law. This Article will review the evolution of this new doctrine and then argue that the public trust doctrine is one of those "common law property doctrines" that can justify regulations without the paying of compensation.

Keywords: takings, Lucas v. South Caroline, eminent domain, police power

JEL Classification: K11

Suggested Citation

Belsky, Martin H., The Public Trust Doctrine: The Public Trust Doctrine and Takings: A Post-Lucas View (1994). Albany Law Journal of Science and Technology, Vol. 4, 1994. Available at SSRN: https://ssrn.com/abstract=2219484

Martin H. Belsky (Contact Author)

University of Akron - School of Law ( email )

150 University Ave.
Akron, OH 44325-2901
United States

Paper statistics

Downloads
18
Abstract Views
240