DEFINING PROPERTY IN THE POST-LUCAS WORLD

This student note examines the potential effect of Lucas v. South Carolina Coastal Council, a 1992 United States Supreme Court case, on the Fifth Amendment's Takings Clause. In Lucas, the Supreme Court encourages states to look to their own concepts of property in order to determine when a taking has occurred, thus raising the potential for a dilution of that which is considered protectable property under the Fifth Amendment Takings Clause. The note discusses the historical development of takings law, focusing on the development of certain ''core'' constitutional property characteristics. The student author argues that the potential problems raised by Lucas are best solved by adopting Professor Alexander's ''self-regarding'' view toward property.