Constitutional Taking Doctrine -- Did Lucas Really Make a Difference?

Abstract

This paper surveys the U.S. Supreme Court decision in Lucas v. South Carolina Coastal Commission and examines the impact that this decision has had on private property rights. The paper also reviews the Supreme Court history of Commerce Clause jurisprudence and takings jurisprudence -- those cases which provided precedent for the Lucas opinion. The paper then concludes with observations on the impact that the Lucas decision has had other cases and on the private lives of citizens, and whether or not the decision really had a significant impact on takings jurisprudence.

Keywords: Lucas v. South Carolina Coastal Commission, property rights, taking clause, regulatory taking, Commerce Clause, takings jurisprudence, Constitution, Supreme Court, Federal Claims Court, character of the government action, jurisdiction

JEL Classification: K19