Property Myths, Judicial Activism, and the Lucas Case
Document Type
Article
Publication Title
Environmental Law
Journal Abbreviation
Env't L.
Abstract
This edited speech, delivered at a land use conference shortly after the Supreme Court decided Lucas v. South Carolina Coastal Commission in 1992, questioned several premises of the decision and criticized Justice Scalia's opinion for the Court. The essay suggested that the Court lost its way in its discussion of nuisance law, its attempt to separate takings of personalty from realty, and seeming to call for strict scrutiny of government regulations that landowners' allege work takings. The essay claimed that Justice Scalia's fundamental error was to equate property rights with development rights.
First Page
907
Last Page
917
Publication Date
1993
Recommended Citation
Michael Blumm,
Property Myths, Judicial Activism, and the Lucas Case,
23
Env't L.
907
(1993).
Available at:
https://lawcommons.lclark.edu/faculty_articles/83