Evolving Thresholds of Nuisance and the Takings Clause

In Lucas v. South Carolina Coastal Council, the US Supreme Court ruled that the state had to pay a beachfront property owner for property that could not be built on because of the South Carolina Beachfront Manag Act. The state could not implement the common law of nuisance if the act would restrict all economically benefical use of the land. Restricting the uses of private property under the police power is one of the primary ways that the government carries out its essential purpose of preserving public welfare. The government has the authority to prevent property owners from using their property to injure others without having to compensate the owners for the value of the forbidden use. The common law of nuisance has long been relevant to takings analysis. The historical tradition in which the common law core of nuisance has been the frequent subject of statutory additions and refinements is reviewed, especially in the area of modern law of land use and environmental protection.