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Lucas v. South Carolina Coastal Council, 505 U.S. 1003 (1992)

Full notes and cites: https://opinion-of-the-court.pages.dev/ep/070-lucas-v-south-carolina-coastal-council

Official text (U.S. Reports, Library of Congress): https://tile.loc.gov/storage-services/service/ll/usrep/usrep505/usrep5051003/usrep5051003.pdf

Full text of the opinions, AI-narrated (Kokoro-82M, voice af_heart). Original introduction; opinion text is public domain. Not legal advice.

In 1986 David Lucas paid nearly a million dollars for two residential lots on the Isle of Palms, a barrier island near Charleston, planning to build homes like those next door. Two years later South Carolina's Beachfront Management Act barred him from building any permanent habitable structures on the lots.

Justice Scalia, for a six-to-three majority, held that a regulation depriving land of all economically beneficial use is a taking requiring compensation, unless the use was already forbidden by background principles of the state's law of property and nuisance. The state cannot escape paying simply by declaring that it is preventing harm.

Justices Kennedy and Souter wrote separately. Justices Blackmun and Stevens dissented. In a postscript the opinion does not mention, after paying Lucas, the state sold the lots, and houses were built on them.

Citations: reporter citations were shortened or left out of the audio; every citation is listed on the website.

Cases named aloud

- Mugler v. Kansas, 123 U.S. 623 (1887) [as printed: Mugler v. Kansas, 123 U. S. 623 (1887); Dissent (Justice Stevens)] (episode link pending)

- Sommer & Frates v. Yolo County, 477 U.S. 340 (1986) at 351 [as printed: Sommer & Frates v. Yolo County, 477 U. S. 340, 351 (1986); Dissent (Justice Stevens)] (episode link pending)

- Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) at 190, 191 [as printed: Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U. S. 172, 190, 191 (1985); Dissent (Justice Blackmun)] (episode link pending)

- Esposito v. South Carolina Coastal Council, 939 F.2d 165 (CA4 1991) at 168 [as printed: Esposito v. South Carolina Coastal Council, 939 F. 2d 165, 168 (CA4 1991); Dissent (Justice Blackmun)] (episode link pending)

- Legal Tender Cases, 12 Wall. 457 (1871) at 551 [as printed: Legal Tender Cases, 12 Wall. 457, 551 (1871); Opinion of the Court (Justice Scalia)] (episode link pending)

- Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922) [as printed: Pennsylvania Coal Co. v. Mahon, 260 U. S. 393 (1922); Dissent (Justice Stevens)] episode

- Transportation Co. v. Chicago, 99 U.S. 635 (1879) at 642 [as printed: Transportation Co. v. Chicago, 99 U. S. 635, 642 (1879); Opinion of the Court (Justice Scalia)] (episode link pending)

- Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978) [as printed: Penn Central Transportation Co. v. New York City, 438 U. S. 104 (1978); Dissent (Justice Stevens)] episode

- Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419 (1982) [as printed: Loretto v. Teleprompter Manhattan CATV Corp., 458 U. S. 419 (1982); Dissent (Justice Stevens)] episode

(+40 more named aloud; see the website)

Full list of 339 citations not read aloud: https://opinion-of-the-court.pages.dev/ep/070-lucas-v-south-carolina-coastal-council