Summary
The Supreme Court of South Carolina reconsidered a regulatory takings claim on remand from the United States Supreme Court in light of Palazzolo v. Rhode Island. It held that McQueen's lots had reverted to tidelands subject to South Carolina's public trust doctrine, and that his ownership rights therefore did not include the right to backfill or install bulkheads. Because the denial of permits did not take property rights belonging to McQueen, the court held that no compensation was due and reversed the Court of Appeals.
Holdings
- South Carolina's public trust doctrine and related property-law principles confined McQueen's ownership rights so that the tidelands on his lots were public trust property subject to State control. Because McQueen had no ownership right to backfill or place bulkheads on those tidelands, the denial of the permits did not constitute a compensable taking.
- Any loss of value suffered by McQueen was not a taking effected by State regulation because the relevant restrictions arose from the natural reversion of the lots to tidelands and McQueen's failure to protect the property.
Questions Presented
- Whether background principles of South Carolina property law, including the public trust doctrine and the State's presumptive title to tidelands, precluded a compensable regulatory taking.
- Whether McQueen's ownership rights included the right to backfill or place bulkheads on tidelands created by the encroachment of navigable tidal water.
Disposition
reversed
Cases Cited (24)
- Palazzolo v. Rhode Island, 533 U.S. 606, 121 S. Ct. 2448, 150 L. Ed. 2d 592 (2001)(followed)
- McQueen v. South Carolina Coastal Council, 340 S.C. 65, 530 S.E.2d 628 (2000)(reconsidered)
- Lucas v. South Carolina Coastal Council, 505 U.S. 1003, 112 S. Ct. 2886, 120 L. Ed. 2d 798 (1992)(followed)
- Rick's Amusement, Inc. v. State, 351 S.C. 352, 570 S.E.2d 155 (2001)(followed)
- State v. Pacific Guano Co., 22 S.C. 50, 84 (1884)(followed)
- State v. Hardee, 259 S.C. 535, 193 S.E.2d 497 (1972)(followed)
- Rice Hope Plantation v. South Carolina Pub. Serv. Auth., 216 S.C. 500, 59 S.E.2d 132 (1950)(limited)
- McCall v. Batson, 285 S.C. 243, 329 S.E.2d 741 (1985)(noted)
- Port Royal Mining Co. v. Hagood, 30 S.C. 519, 9 S.E. 686 (1889)(followed)
- Sierra Club v. Kiawah Resort Assocs., 318 S.C. 119, 456 S.E.2d 397 (1995)(followed)
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