The Categorical Lucas Rule and the Nuisance and Background Principles Exception

20 Pages Posted: 10 May 2014

See all articles by Carol Necole Brown

Carol Necole Brown

University of Richmond School of Law

Date Written: May 8, 2014

Abstract

This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina Coastal Council, specifically focusing on the Lucas nuisance exception. I surveyed approximately 1,600 regulatory takings cases decided since the Lucas decision involving Lucas takings challenges. I identified the statutory nuisance cases in which state and local governments unsuccessfully asserted the Lucas nuisance exception as a defense to the courts’ findings of a Lucas taking. This article examines the prospective potential of these cases for assisting private property owners in enhancing private property rights protections within the area of regulatory takings.

Suggested Citation

Brown, Carol Necole, The Categorical Lucas Rule and the Nuisance and Background Principles Exception (May 8, 2014). Touro Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2434621 or http://dx.doi.org/10.2139/ssrn.2434621

Carol Necole Brown (Contact Author)

University of Richmond School of Law ( email )

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Richmond, VA 23173
United States
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804-289-8992 (Fax)

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