Lucas v. South Carolina Coastal Council Case Essay

Lucas v. South Carolina Coastal Council Case - Essay Example This required a just compensation be paid out. The court agreed, finding that Lucas parcels were valueless and entered a reward of over $1.2 million. In reversing the ruling, the State Supreme Court bound itself by finding that Lucas failed to attack the validity of the Act. It found that if a regulations design aimed at preventing noxious or harmful use of property, there was no compensation required regardless of the effect of the regulation on the value of the property. A taking is constitutive of all regulations that deprive the land owner of all uses of his land that are economically beneficial (Echeverria & Ebby, 2009). This is unless the interests of proscribed use are missing from the title. The decree or law should only duplicate the result achievable in a court under the nuisance law. Analysis of total takings needs consideration of the following: Stevens J. dissented to the ruling by attacking the categorical rule as made by the court. According to him, the rule was an unwise and unsound addition to the undertakings law (Echeverria & Ebby, 2009). The court, in past rulings, had rejected any formulas that were absolute in the determination of takings and had in previous rulings frequently held a law which rendered valueless property as not constituting a taking. Blackmun J. also dissented. He claimed that the court’s granting of certiorari to this case’s hearing was unnecessary as it ignored its limits of jurisdiction. It created an exception and a categorical rule anew simultaneously. The owner would not have undergone a total loss since he could still enjoy other ownership attributes like exclusive rights to camping, swimming, and picnicking. Cities can take private property and put them up for development privately. This is the eminent domain, whose basis is that a sovereign state possesses dominion over all property within the borders it administers. In the year 2005, Kelo vs. the City of New London came before the U.S. Supreme Court.