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Re: None

Saturday, 09/11/2021 4:10:07 PM

Saturday, September 11, 2021 4:10:07 PM

Post# of 45971

This a question for you and 'get in there and sell Mortimer' Clarence Beaks or anyone else:

How does Lucas v SC Coastal Commission impact if at all a shareholders Takings Claim?

Keep in mind we are dealing with PERSONAL PROPERTY NOT REAL PROPERTY and not only was the federal government privy to insider information they were and still are in 100% control of all the enterprises business decisions...


Facts of the case
In 1986, Lucas bought two residential lots on the Isle of Palms, a South Carolina barrier island. He intended to build single-family homes as on the adjacent lots. In 1988, the state legislature enacted a law which barred Lucas from erecting permanent habitable structures on his land. The law aimed to protect erosion and destruction of barrier islands. Lucas sued and won a large monetary judgment. The state appealed.

Question
Does the construction ban depriving Lucas of all economically viable use of his property amount to a "taking" calling for "just compensation" under the Fifth and Fourteenth Amendments?

Conclusion
Yes. In a 6-to-2 decision, the Court relied on the trial court's finding that Lucas's lots had been rendered valueless by the state law. "[W]hen the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good...he has suffered a taking."


https://investorshub.advfn.com/boards/read_msg.aspx?message_id=165871309

Since I don't post on fnma board right now.

Question is what was the large monetary judgment awarded? Was it the purchase price of the lots or something more?