This article surveys the United States Supreme Court decision, Lucas v. South Carolina Coastal Commission, 505 U.S. 1015 (1992), examines the impact that this decision has had on private property rights, and responds to some critics which claim Lucas was a decision too narrow to have much impact. In order to examine this impact, a review of the United States Supreme Court history of Commerce Clause jurisprudence and taking jurisprudence, which preceded Lucas, demonstrates how the stage was set to determine the Lucas case. The article concludes with observations on the impact the Lucas decision has made on other cases, state and federal law, and on the private lives of citizens.
Recommended CitationVictoria Sutton, Constitutional Taking Doctrine - Did Lucas Really Make a Difference?, 18 Pace Envtl. L. Rev. 505 (2001)
Available at: http://digitalcommons.pace.edu/pelr/vol18/iss2/10