American Institute of Certified Planners (AICP) Practice Exam

In Lucas v. South Carolina Coastal Council, what constituted a taking according to the court?

1. Total reduction in property value with no viable use

2. Partial reduction of property value

3. Temporary loss of property access

4. Restrictions based solely on environmental impact

The correct answer is: Total reduction in property value with no viable use

In Lucas v. South Carolina Coastal Council, the court recognized that a taking occurs when a regulation completely deprives an owner of all economically viable use of their property. In this case, the property owner was prevented from building on their land due to a state law aimed at protecting the coastline from development. The total reduction in property value without any viable use established a clear situation of a taking, as the owner was left with no reasonable use for their land. The ruling emphasized the importance of ensuring that property rights are not unjustly infringed upon, particularly in scenarios where regulations eliminate the fundamental property rights without just compensation. Thus, the court established that significant deprivation of use, rather than merely a reduction in value or temporary access issues, constitutes a taking under the Fifth Amendment.