This Article addresses the need for a more binding Supreme Court decision precluding states from redefining "property." The article summarizes recent state and federal decisions discussing the rights of property owners to challenge regulations that deprive them of their property without just compensation, and state's misapplication of the Supreme Court holdings in Lucas v. South Carolina Coastal Council and Nollan v. California Coastal Council. After discussing the Supreme Court's decisions in Nollan and Lucas, the Article explores the state of property law after these decisions. Focusing on the inconsistent application of the Lucas and Nollan holdings, the Article discusses recent state and federal cases that address the rights of individuals who acquire property that is subject to restrictions to challenge those restrictions. The Article concludes by claiming that the Supreme Court needs to examine the inherent problems in not having universally understood and accepted decisions in this area or law.
Abraham, Stephen E.
"Windfalls or Windmills: The Right of a Property Owner to Challenge Land Use Regulations (a Call to Critically Reexamine the Meaning of Lucas),"
Florida State University Journal of Land Use and Environmental Law: Vol. 13
, Article 4.
Available at: https://ir.law.fsu.edu/jluel/vol13/iss1/4