A Fixed Rule for a Changing World: The Legacy of Lucas v. South Carolina Coastal Council

27 Pages Posted: 26 Sep 2018

See all articles by J. Peter Byrne

J. Peter Byrne

Georgetown University Law Center

Date Written: September 5, 2018

Abstract

In light of the 25th anniversary of the Supreme Court’s decision, this Article reexamines the actual relevance of the opinion by weighing the framing, reach, and aftermath of Justice Scalia’s majority opinion. This Article argues that Justice Scalia’s opinion consciously framed the regulatory takings doctrine in a more favorable way for private property owners, and by doing so, helped pave the way for subsequent denial that environmental and climate concerns are a valid basis for any government action. Justice Scalia attempted to create a regulatory environment that protects private real estate investments instead of protecting the public environment as intended by democratically enacted regulations, but courts have applied in a more limited manner than Justice Scalia probably intended.

Keywords: Taking, Coast, Sea-Level Rise

Suggested Citation

Byrne, J. Peter, A Fixed Rule for a Changing World: The Legacy of Lucas v. South Carolina Coastal Council (September 5, 2018). Real Property, Probate and Trust Law Journal, Vol. 53, No. 1, 2018, Available at SSRN: https://ssrn.com/abstract=3244705

J. Peter Byrne (Contact Author)

Georgetown University Law Center ( email )

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Washington, DC 20001
United States
(202)662-9066 (Phone)

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