1. Lucas vs. South Carolina Coastal Council By Alisha Renfro Geology 558

2. South Carolina Coastal Zone Management Act of 1977 The plan defined “critical areas” as anything seaward of the landward toe of the primary dune. This allowed residential and commercial buildings to be built at the landward base of this dune. As erosion occurred many permits for armoring the shoreline were accepted.

3. David H. Lucas In 1986 purchased two lots of land on the Isle of Palms. The properties were not considered “critical areas” by management plan.

5. Beachfront Management Act of 1988 Baseline was established at the top of the primary dune line. For erosional beaches a setback line was set a 40 times the erosion rate for that area This setback line marked the landward jurisdiction of the Coastal Council.

6. Lucas files suit against South Carolina Coastal Council The newly established setback line was landward of Lucas’ properties. He claimed that the Coastal Council’s setback rules resulted in a property taking. The fifth amendment of the Constitution states “…nor shall land be taken by a government entity for public use without just compensation.”

7. Court of Common Pleas The court ruled that Coastal Council’s regulations did in fact result in a taking of Lucas’ property. The State of South Carolina was ordered to pay 1.2 million dollars for Lucas’ property. Coastal Council appealed the case to the South Carolina Supreme Court. After the ruling South Carolina added a “special permit” clause to the Beachfront Management Act.

8. South Carolina Supreme Court Coastal Council argued that precedence has been set that if the use of a property would cause a “noxious” or harmful result then no compensation is owed to the property owner. The court ruled in favor of the Coastal Council. Lucas appealed the case to the U.S. Supreme Court.

9. United States Supreme Court The case was argued before the court on March 2, 1992. The case was ruled on June 29, 1992. The court upheld the Court of Common Pleas decision. The majority felt that Coastal Council failed to make the case that development on these properties would have a harmful result.

10. The court further ruled that the state could not set new regulations that would apply to previously acquired land. South Carolina was ordered to pay the 1. 2 million dollars for the properties.

11. Aftermath “special permit” clause allows land owners to violate setback regulations with the state’s blessing. State has done away with the Beachfront Management Act and has instead amended the Coastal Zone Management Act of 1977.