Justice Marshall noted that the right to exclude is one of the most essential "sticks in the bundle of rights" that are commonly characterized as property. Recent cases focused on the importance of physical invasion as a taking. Green Bay Company (1871) held that a physical presence with the effect of impairing property's usefulness is a taking. New York City (1978) held that there is no set formula for finding a taking. Writing for the majority, Justice Marshall argued that Penn Central Transportation Co. The Court held that regardless of whether the action achieves an important public benefit or has only minimal economic impact on the owner, Manhattan Teleprompter's minor but permanent physical occupation of Loretto's property constituted a regulatory taking of property for which just compensation is due under the Fifth and Fourteenth Amendments of the Constitution, reversing the judgment of the lower New York state courts. Additionally, they claimed that application of a per se rule would have dire consequences for regulation of landlord/tenant relationships. New York had also effectively granted tenants the right to enjoy cable television, which is not in itself a taking. Section 828 of the Executive Law applied only to rental property, and was simply a regulation on the permissible use of such rental property. Manhattan Teleprompter claimed that their minor but permanent physical occupation of Plaintiff's property did not constitute a "taking" of property. Since a statute made the trespass permissible, it constituted a "taking" of property for which just compensation was due. Loretto argued that Manhattan Teleprompter's minor but permanent physical occupation of Loretto's property was a trespass. The Court addressed the issue of whether Manhattan Teleprompter's minor but permanent physical occupation of Loretto's property constitutes a physical taking of property for which just compensation is due under the Fifth Amendment, as incorporated against the states by the Fourteenth Amendment. Loretto petitioned the Supreme Court for certiorari, which was granted by the U.S. The judgment was affirmed by the New York Court of Appeals. The New York Supreme Court upheld the constitutionality of the statute and rendered summary judgment for Manhattan Teleprompter, finding that non-crossover installations constituted a taking for which just compensation is due, but here the law served a legitimate public purpose there is no significant economic impact on expectations of investors, rejecting the theory that physical presence is per se a taking. Loretto, on behalf of all property owners so situated, sued Manhattan Teleprompter for trespass and-insofar as Teleprompter relied on § 828-a taking without just compensation, and requested damages and injunctive relief the City of New York intervened in the case. Prior to Loretto's acquisition of the property, Manhattan Teleprompter installed cable television wires on Loretto's property pursuant to § 828 of the Executive Law. Jean Loretto owned a five-story apartment building located at 303 West 105th Street, New York City. Section 828 of the Executive Law of New York required certain property owners to permit installation and maintenance of certain cable television wires on their property. ![]() In doing so, it established the permanent physical presence test for regulatory takings. ![]() 419 (1982), was a case in which the Supreme Court of the United States held that when the character of the governmental action is a permanent physical occupation of property, the government actions effects regulatory taking to the extent of the occupation, without regard to whether the action achieves an important public benefit or has only minimal economic impact on the owner. Teleprompter Manhattan CATV Corp., 458 U.S. Marshall, joined by Burger, Powell, Rehnquist, Stevens, O'Connor When the character of the governmental action is a permanent physical occupation of property, the government actions effects taking to the extent of the occupation, without regard as to whether the action achieves an important public benefit or has only minimal economic impact on the owner.Ĭhief Justice Warren E. On appeal from the New York Court of Appeals, 446 N.E.2d 428 (N.Y.
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