Whatever happened to David Lucas?

Article Abstract:

David Lucas, petitioner in a historic US Supreme Court property rights decision, tours the US speaking out on the issues of state police power and the rights of property owners. However, the Court's recognition of a nuisance exception, coupled with its holding that compensation is only owed when all economic value has been lost, have proved problematic and diluted the force of the decision. The Lucas was remanded and settled, but David Lucas himself has to voice public criticism of government actions in property matters.

Real Estate, Real Estate and Rental and Leasing, Behavior, Real property, Police power, Lucas, David

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Is there a constitutional right to build? Nollan redux

Article Abstract:

Rhode Island's Supreme Court, in Pitocco v. Harrington, strengthened the constitutional right of property owners to build on their property. Pitocco concerned a property owner who sued after his application to rebuild his home was refused. By upholding a constitutional right to build, the Court applied the holding of the US Supreme Court in Nollan v. California Coastal Commission and progeny which suggested that unreasonable barriers to the right to build can be successfully challenged.

United States, Rhode Island, Laws, regulations and rules, Civil rights, Right of property, Property rights

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