Dan's fifth amendment page

Dan's court case

In 1986 David H. Lucas paid $975,000 for two residental lots on the Isle of Palms in Charleston county, South Carolina in which he intended to build single-family homes. Then in 1988 the South Carolina Legislature enacted the Beachfront Management Act, which made Lucas's property "valueless". This case required to decide if it violates the fifth amendment, the taking of private property. So Lucas filed a suit contending that the Beachfront Management Act's construction bar effected a taking of his property without just compensation. The court agreed "at the time Lucas purchased the two lots, both were zoned for single-family residental construction and there were no restrictions imposed upon such a use of property". The court agreed that Lucas's property had been "taken" by the Act. So the court ordered that just compensation, in the amount of $1,232,387.50 be paid.

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