The Categorical Lucas Rule and the Nuisance and Background Principles Exception
This article examines the seminal 1992 United States Supreme Court decision, Lucas v. South Carolina Coastal Council, 1 specifically focusing on the Lucas nuisance exception. I surveyed approximately 1,600 reported regulatory takings cases decided since the Lucas decision involving Lucas takings challenges. I identified the statutory nuisance cases in which state and local governments unsuccessfully asserted the Lucas nuisance exception as a defense to the courts' findings of a Lucas taking.