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Keywords

lawsuitstatuteclass action

appealappellantappellee

Related Cases

Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 102 S.Ct. 3164, 73 L.Ed.2d 868, 8 Media L. Rep. 1849

Facts

Jean Loretto purchased a five-story apartment building in New York City, only to discover that cable television companies had installed cables on her property without her consent, pursuant to a New York statute mandating such installations. The statute allowed the companies to install their facilities without paying more than a nominal fee determined by a state commission. Loretto filed a class action lawsuit claiming that this installation constituted a taking of her property without just compensation.

Appellant Jean Loretto purchased a five-story apartment building located at 303 West 105th Street, New York City, in 1971. The previous owner had granted appellees Teleprompter Corp. and Teleprompter Manhattan CATV (collectively Teleprompter) permission to install a cable on the building and the exclusive privilege of furnishing cable television (CATV) services to the tenants.

Issue

Does a minor but permanent physical occupation of an owner's property authorized by government constitute a 'taking' of property for which just compensation is due under the Fifth and Fourteenth Amendments of the Constitution?

This case presents the question whether a minor but permanent physical occupation of an owner's property authorized by government constitutes a 'taking' of property for which just compensation is due under the Fifth and Fourteenth Amendments of the Constitution.

Rule

A permanent physical occupation of property by the government is considered a taking, regardless of the public benefits it may serve or the economic impact on the property owner.

Analysis

The court applied the rule by determining that the installation of the cable facilities constituted a permanent physical occupation of Loretto's property. It emphasized that the nature of the governmental action, being a physical invasion, was sufficient to establish a taking. The court rejected the argument that the statute's public benefits or the minimal size of the installation could negate the taking.

The court concluded that a permanent physical occupation authorized by government is a taking without regard to the public interests that it may serve.

Conclusion

The New York statute requiring landlords to permit cable installations was found to work a taking of a portion of Loretto's property, for which she was entitled to just compensation under the Constitution. The court reversed the lower court's decisions.

Because we conclude that such a physical occupation of property is a taking, we reverse.

Who won?

Jean Loretto prevailed in the case as the court recognized her right to just compensation for the taking of her property.

The New York Court of Appeals ruled that this appropriation does not amount to a taking.

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