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Loretto v. Teleprompter Manhattan CATV Corp.: Difference between revisions
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The owner of each building--under the new law--would receive only a nominal $1 for allowing the wires to pass through their property. | The owner of each building--under the new law--would receive only a nominal $1 for allowing the wires to pass through their property. | ||
|procedural_history=Loretto filed a lawsuit claiming that the state had engaged in a taking of her property without just compensation. Loretto loses at the trial court in New York. | |procedural_history=Loretto filed a lawsuit claiming that the state had engaged in a taking of her property without just compensation. Loretto loses at the trial court in New York. | ||
|issues=Does a state statute that authorizes a small & permanent physical occupation of a property constitute a taking in accordance with the Takings clause in the [[5th Amendment]]? | |||
|comments=*[[Constitutional_Law_Maggs/4th_ed._Outline_II#LORETTO_V._TELEPROMPTER_MANHATTAN_CATV_CORP..2C_Supreme_Court_of_theUnited_States_.281982.29]] | |comments=*[[Constitutional_Law_Maggs/4th_ed._Outline_II#LORETTO_V._TELEPROMPTER_MANHATTAN_CATV_CORP..2C_Supreme_Court_of_theUnited_States_.281982.29]] | ||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link |
Revision as of 19:52, February 26, 2023
Loretto v. Teleprompter Manhattan CATV Corp. | |
Court | Supreme Court of the United States |
---|---|
Citation | |
Date decided | June 30, 1982 |
Appealed from | NY Court of Appeals (highest NY court) |
Facts
Loretto owned a 5-story apartment building in New York City in the late 1970s.
The state of New York passed a law requiring landlords to permit the installation of cables by cable companies.
The owner of each building--under the new law--would receive only a nominal $1 for allowing the wires to pass through their property.Procedural History
Loretto filed a lawsuit claiming that the state had engaged in a taking of her property without just compensation. Loretto loses at the trial court in New York.
Issues
Does a state statute that authorizes a small & permanent physical occupation of a property constitute a taking in accordance with the Takings clause in the 5th Amendment?