This office lease clause was negotiated into a lease document for an unusual premises to assure utilization of a broad range of common areas. This states that the tenant and its invitees shall throughout the term of the lease continue to enjoy access and utilization of the common areas on a first come first served basis.
South Carolina Clause Assuring Utilization of a Broad Range of Common Areas
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US-OL9012
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FAQ
Lucas promptly filed suit in the South Carolina Court of Common Pleas, contending that the Beachfront Management Act's construction bar effected a taking of his property without just compensation.
6?2 decision for Lucas In a 6-to-2 decision, the Court relied on the trial court's finding that Lucas's lots had been rendered valueless by the state law. "[W]hen the owner of real property has been called upon to sacrifice all economically beneficial uses in the name of the common good...he has suffered a taking."
It was authorized in 1977 under SC's Coastal Tidelands and Wetlands Act (CTWA) with the goal of achieving balance between the appropriate use, development, and conservation of coastal resources in the best interest of all citizens of the state.
Explanation: Section 6-29-1145 of the Code of Laws of South Carolina 1976, as amended (attached to this affidavit), requires local governments to inquire in the permit application, or in written instructions provided to the applicant, if a tract or parcel of land is restricted by a recorded covenant that is contrary to ...
South Carolina Coastal Council, 505 U.S. 1003 (1992), was a case in which the Supreme Court of the United States established the "total takings" test for evaluating whether a particular regulatory action constitutes a regulatory taking that requires compensation.
The Lucas rule establishes that private property owners are entitled to compensation for a taking under the Fifth Amendment Takings Clause when a government regulation ?denies all economically beneficial or productive use of land.? Today, Lucas remains the controlling law on categorical regulatory takings.
