The Constitution of the United States is based primarily on the ideas of the 17th Century English philosopher John Locke. Locke thought that everyone had natural rights, which included life, liberty, and property. Locke stated "the great and chief end, therefore, of men's uniting into commonwealths, and putting themselves under government, is the preservation of property" (Locke/ McClaughry 3). He thought that if any of these rights were violated that the violator should make restitution. The Takings Clause in the Fifth Amendment of the Constitution states "Nor shall private property be taken for public use, without just compensation." When the government needs a citizen's private property to build roads or buildings, they compensate the person with money roughly equal to the value of that person's land.

The problem of the government taking or restricting a citizen's land arises with regulation of private property. John McClaughry defines regulatory taking "as a governmental confiscation or destruction of economic rights by regulation, without the physical occupation which would trigger just compensation to the owner" (McClaughry 7). The case of Lucas v. South Carolina Coas

The Supreme Court's partial versus total taking has made a big impact upon lower court judges however. The lower courts are using the decision as a standard by which to judge regulatory property rights cases across the board. Many defendants are attempting to use the ruling, to fight prohibited construction on their land, where it is not applicable. Defendants "cannot claim their land is valueless simply because they might have developed it in the future" (Butler 5).

(1997) : 4 pp. Online. Internet. 27 February 2000.

In the case of Lucas v. South Carolina Coastal Council, Lucas bought two adjacent lots on the coast of the Isle of Palms in South Carolina, only to have the land restricted by the state, which prevented his intended use of the lots. Lucas argued that the state's restriction of the land constituted taking without just compensation. The South Carolina Court of Common Pleas agreed with Lucas and awarded him $1,232,387.50. The Supreme Court of South Carolina disagreed with the lower court, and saying that the restrictions were designed to prevent serious public harm so no compensation was necessary, even if it did affect the property's value. Lucas appealed to the Supreme Court of the United States.

The Supreme Court ruled in this case that when all value has been taken from property that the owner must receive compensation for it. The question still stands as to whether the state caused the land to become valueless by restricting the building upon it. Justice Blackmun argued, "...yet the trial court, apparently believing that 'less value' and 'valueless' could be used interchangeably, found the property 'valueless'" (Blackmun 5). He goes on to propose that the land still held value because Lucas could enjoy it in other ways, such as camping, swimming, picnicking, or placing a mobile home on it. The value of the property often lies in the eye of the beholder.

The other relevant part of the Lucas decision is that "if the activity was previously permitted under relevant property and nuisance principles, then the prohibition of the activity would be a total regulatory taking that must be compensated" (Butler 6). Justice Blackmun ponders whether the government is going to be able to continue if it must weigh the possibility of compensation when making laws outlawing serious dangers to society. However, if all economically beneficial uses a

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Approximate Pages = 6 (250 words per page double spaced)