Title:
The New Supreme Court Standard on Regulatory Takings: A Threat to Wetland Protection?
The New Supreme Court Standard on Regulatory Takings: A Threat to Wetland Protection?
Author(s)
Smith, J. Owens
Advisor(s)
Editor(s)
Hatcher, Kathryn J.
Collections
Supplementary to
Permanent Link
Abstract
The Supreme Court took an important step
toward greater protection of private property rights in its June, 1992 opinion in Lucas v. South Carolina Coastal Council. Mere recitation by the government of an intention to protect the public from harm can no longer justify or excuse a regulation that renders one's real property "valueless". The new "categorical rule" has two exceptions. First, such results are allowable if the limitations complained of are inherent in the title as derived from a
state's law of property and, second, if the restrictions are aimed at activities that constitute public or private nuisances.
Sponsor
Sponsored and Organized by: U.S. Geological Survey, Georgia Department of Natural Resources, The University of Georgia, Georgia State University, Georgia Institute of Technology
Date Issued
1993-04
Extent
Resource Type
Text
Resource Subtype
Proceedings