[1] Petitioner David H. Lucas owned two vacant oceanfront lots in the Beachwood East Subdivision of the Wild Dunes development on the Isle of Palms in Charleston County, South Carolina.

(6) Contrary to Respondent South Carolina's assertion, title is not held subject to the limitation that the state may regulate away all the property's economically beneficial use.

There could never be a total loss because the owner can still enjoy other attributes of ownership such as right to exclude others, picnic, swim, camp in a tent or live on the property in a movable trailer.

Justice Stevens also dissented and stated that the categorical rule created by the court is unsound and an unwise addition to the law of takings.

In an unusual filing, Justice Souter wrote a statement in which he neither joined the majority or dissented and said the case should be dismissed on procedural grounds.

He wrote, "The case should have been dismissed as improperly granted, as the decision of the trial court that a total taking had occurred is highly questionable on the basis of the facts presented" because "The petition for review was granted on the assumption that the state [of South Carolina], by regulation, had deprived the owner of his entire economic interest in the subject property.