Document Type
Working Paper
Publication Date
5-10-2014
SSRN Discipline
Economics Research Network; Legal Scholarship Network; Law & Society eJournals; Law & Society: Private Law eJournals; Law & Society: Public Law eJournals; Administrative Law eJournals; LSN Subject Matter eJournals; SRPN Subject Matter eJournals; Constitutional Law, Jurisprudence & Legal Philosophy eJournals; Financial Economics Network; Sustainability Research & Policy Network; Political Science Network
Abstract
This article examines the seminal 1992 United States Supreme Court decision Lucas v South Carolina Coastal Council specifically focusing on the Lucas nuisance exception I surveyed approximately 1600 regulatory takings cases decided since the Lucas decision involving Lucas takings challenges I identified the statutory nuisance cases in which state and local governments unsuccessfully asserted the Lucas nuisance exception as a defense to the courts' findings of a Lucas taking This article examines the prospective potential of these cases for assisting private property owners in enhancing private property rights protections within the area of regulatory takings
Recommended Citation
Carol N. Brown,
The Categorical Lucas Rule and the Nuisance and Background Principles Exception,
(2014).
Available at:
https://scholarship.law.ua.edu/fac_working_papers/386