Loretto v. Teleprompter Manhattan CATV Corp.
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| 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?
Holding
A physical occupation of property with cables is a taking even when minor & backed by good intentions.
Comments
- SCOTUS remanded the case to the New York trial court; the trial court was forced to agree with SCOTUS that a taking had occurred; nevertheless, the trial court ruled that $1 was just compensation for Loretto.
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