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11 UCLA J. Envtl. L. & Pol'y 175 (1992-1993)
California Land Use Regulation Post Lucas: The History and Evolution of Nuisance and Public Property Laws Protend Little Impact in California

handle is hein.journals/uclalp11 and id is 181 raw text is: California Land Use Regulation Post Lucas: The History and Evolution of Nuisance and Public Property Laws Portend Little Impact in California Jamee Jordan Patterson * INTRODUCTION Since the 1987 term in which the Supreme Court issued its much touted takings trilogy,' the law of takings jurisprudence has be- come more complicated and confused than ever. In 1992, instead of clarifying this rather specialized field of law, the Court perpetuated the chaos through its long awaited decision in Lucas v. South Caro- lina Coastal Council.2 The Lucas decision prohibits the denial of a proposed use of property, absent compensation, unless the use would constitute a common law nuisance or would be otherwise impermissible under state property law. While the decision departs from established Supreme Court jurisprudence in several respects, its impact will be negligible in California. Historical underpinnings of both state public property laws and state nuisance law provide ample justification for the denial of many uses of property without the need for compensation. Other aspects of the decision are more troublesome. The Lucas opinion eschews traditional judicial defer- ence to the legislative branch, a break from the Court's review of governmental regulation which interferes with personal rights. The * Ms. Patterson is a Deputy Attorney General for the State of California. Her pri- mary clients include the California Coastal Commission and the State Lands Commis- sion. A 1981 graduate of Loyola Law School, Los Angeles, she has specialized in land use and environmental law and was co-counsel for the Coastal Commission in Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987). The views expressed in this article are solely those of the author. 1. First Lutheran Church v. Los Angeles County, 482 U.S. 304 (1987); Keystone Bituminous Coal Ass'n v. DeBenedictis, 481 U.S. 704 (1987); Nollan v. California Coastal Comm'n, 483 U.S. 825 (1987). 2. 112 S. Ct. 2886 (1992).

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