to the decision of the South Carolina Supreme Court. However, the Court decided to rule on the merits and held no taking of any kind existed. See Lucas v. South Carolina Coastal Council, 304 S.C. 376, 404 S.E.2d 895 (1991). The United States Supreme Court stated: This unusual disposition does not preclude Lucas from applying for a permit under the 1990 amendment for future construction, and challenging on takings grounds, any denial. But, it does preclude, both practically and legally, any takings claim with respect to Lucas’s past deprivation, i.e., for his having been denied construction rights during the period before the 1990 amendment. See generally First English Evangelical Lutheran Church of Glendale v. County of Los Angeles, 482 U.S. 304, 107 S.Ct. 2378, 96 L.Ed.2d 250 (1987) (<HOLDING>). Lucas, 505 U.S. at 1011-1012,112 S.Ct. 2886.
holding that rights in a government benefits program were not vested property for purposes of the takings clause of the fifth amendment holding that temporary deprivations of use are compensable under the takings clause holding that taxes are not takings unless the government tries to achieve through special taxes what the takings clause of the fifth amendment forbids if done directly recognizing that takings cases are based on the proper exercise of statutory and regulatory authority holding the takings clause inapplicable to the states of its own force