Explore BrainMass

Explore BrainMass

    Law and Ethics: Lucas v. South Carolina Coastal Council

    This content was COPIED from BrainMass.com - View the original, and get the already-completed solution here!

    Please assist with this:

    Read the Lucas v. South Carolina Coastal Council case then respond following these question outlines.

    According to the majority opinion in the Lucas case, what two types of regulatory action automatically trigger compensation as takings, without needing to examine the circumstances in a case-specific way?

    -Why does the dissent object to the takings approach laid out by the majority?

    -Can cities take private property and transfer it to private developers for the sake of economic revitalization?

    -What are the ethical issues surrounding the principle of using eminent domain to take away the property ownership rights of individuals?

    -How would you feel if you purchased land and then were told you could not build for environmental reasons or merely that the government would be taking the property away from you?

    © BrainMass Inc. brainmass.com June 3, 2020, 9:29 pm ad1c9bdddf
    https://brainmass.com/business/business-philosophy-and-ethics/law-ethics-lucas-v-south-carolina-coastal-council-184335

    Solution Preview

    Read the Lucas v. South Carolina Coastal Council case then respond following these question outlines

    According to the majority opinion in the Lucas case, what two types of regulatory action automatically trigger compensation as takings, without needing to examine the circumstances in a case-specific way?
    The regulatory action of depriving of all economically beneficial use from the stand point of the property owner necessitates compensation as takings.
    The government action of decreeing a permanent physical occupation of land without compensation; In other words physical occupation of private property;

    -Why does the dissent object to the takings approach laid out by the majority?
    The dissent opinion by Justice Blackmun objects to the Court issuing sweeping new ...

    Solution Summary

    This Solution contains over 400 words and 1 referenced case.

    $2.19

    ADVERTISEMENT