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South Carolina Clause Assuring Utilization of a Broad Range of Common Areas

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US-OL9012
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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.

The South Carolina Clause Assuring Utilization of a Broad Range of Common Areas is a legal provision that ensures equal and inclusive access to various shared spaces within residential or commercial developments in the state of South Carolina. This clause aims to promote diversity, fairness, and the well-being of all residents or users of these common areas. The primary purpose of this clause is to prevent discriminatory practices and guarantee that individuals from different backgrounds, including racial, ethnic, cultural, and socio-economic, have equal opportunities to enjoy the benefits and amenities of the common areas in these developments. In residential settings, the South Carolina Clause Assuring Utilization of a Broad Range of Common Areas applies to housing communities, such as condominiums, townhouses, or gated neighborhoods, where multiple owners or tenants share common spaces like parks, pools, gyms, clubhouses, or recreational areas. It ensures that every resident, regardless of their personal characteristics, can freely use and enjoy these facilities without any restrictions or exclusions based on factors like race, religion, national origin, gender, disability, or age. Similarly, commercial properties with shared areas, such as shopping centers, office buildings, or business parks, also fall under the purview of this clause. It guarantees that all individuals, including customers, employees, and visitors, have the same rights and access to common spaces like lobbies, elevators, restrooms, or cafeterias, regardless of their diverse backgrounds. This clause serves as a safeguard against any form of discrimination or segregation, ensuring that all individuals are treated fairly and have equal opportunities to utilize the common areas available to them. By providing a broad range of common areas, the South Carolina legislation acknowledges the importance of fostering inclusivity and the equitable enjoyment of shared spaces in both residential and commercial developments.

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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.

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South Carolina Clause Assuring Utilization of a Broad Range of Common Areas