Property rights and coastal protection: the case of Lucas v. South Carolina Coastal Council

Rebecca Retzlaff and Sarah Sisser

Planning Perspectives, 2014, vol. 29, issue 3, 275-300

Abstract: In 1986, David Lucas purchased two oceanfront lots on the Isle of Palms, South Carolina. Before he built on the lots, the South Carolina Legislature passed the Beachfront Management Act, restricting development along the coast. Unable to build a permanent structure on his property, Lucas sued the South Carolina Coastal Council. The case made its way to the US Supreme Court, and became one of the most significant cases in US planning history. This article situates the case in the context of the history of real property rights, chronicles the events leading up to the case, follows the case through the court system, and analyses its impact on planning practice. Although the case had less significant implications for planning than originally anticipated, it does carry important lessons for land-use planning, subdivision regulation, and planning in sensitive environmental areas. It was a defining moment for coastal conservation in the USA, and had a significant impact on implementation of the US Coastal Zone Management Act, which has been used as a model internationally.

Date: 2014
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DOI: 10.1080/02665433.2013.829391

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