Constitutional Taking Doctrine--Did Lucas Really Make a Difference?

Date

2001

Authors

Sutton, Victoria

Journal Title

Journal ISSN

Volume Title

Publisher

Pace Environmental Law Review

Abstract

This paper surveys the U.S. Supreme Court decision in Lucas v. South Carolina Coastal Commission and examines the impact that this decision has had on private property rights. The paper also reviews the Supreme Court history of Commerce Clause jurisprudence and takings jurisprudence - those cases which provided precedent for the Lucas opinion. The paper then concludes with observations on the impact that the Lucas decision has had other cases and on the private lives of citizens, and whether or not the decision really had a significant impact on takings jurisprudence.

Description

Keywords

Private property rights, Commerce Clause, Takings Clause, Regulatory taking

Citation

18 Pace Envtl. L. Rev. 505