South Carolina Case Summary

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Summarize the famous legal battle that South Carolina fought and won to regulate land use in the Coastal
Famous South Carolina Case
Records show that the legal battle between David H. Lucas and South Carolina Coastal Council labeled as case David H. Lucas v. South Carolina Coastal Council 505 U.S. 1003 (1992)
David H. Lucas was the Petitioner who purchased to parcels of land in Isle of Palm, South Carolina in 1986, while the South Carolina Coastal Council is the Respondent of the Case, and a body that provide or issue permits for any development undertakings in the coastal zone. At that time the David H. Lucas purchased the parcels of land in the coastal zone of South Carolina there is no law for that will prohibit him for any development that …show more content…
Unknowingly to David H. Lucas, the act directly affected the coastal zone where his two parcels of land is located. When David H. Lucas decided to provide habitable structure in his two parcels of land, the South Carolina state arm with the Beachfront Management Act prohibited him to do so. This prompted David H. Lucas to file a lawsuit in court against the South Carolina Coastal Council, he asserts in his argument that though the Act has a lawful exercise of the state power, prohibiting him the implementation of the construction of habitable structure effected “taking”, in which in the the 5TH and 14th Amendments of ”taking” required the certain appropriate payment or just compensation as in the case of Agins v. City of Tiburon, 447 U. S. 255, 261. Following a bench trial, the court, in their decision asserts that the two parcels of land in question at the time of purchased were zoned for single-family residential development, and no restrictions were imposed with respect to the kind of use of the two lots by either the Town of the Isle of Palms, the state of South Carolina, or the county of Charleston. The trial court asserts in their decision that the Beachfront Coastal Management Act which imposed permanent ban of construction where the two parcels of land in
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