Loretto v. Teleprompter Manhattan CATV Corp.
1982 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 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.[1] In doing so, it established the permanent physical presence test for regulatory takings.
Quick Facts Loretto v. Teleprompter Manhattan CATV Corp., Argued March 30, 1982 Decided June 30, 1982 ...
Loretto v. Teleprompter Manhattan CATV Corp. | |
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Argued March 30, 1982 Decided June 30, 1982 | |
Full case name | Loretto v. Teleprompter Manhattan CATV Corp. et al. |
Citations | 458 U.S. 419 (more) 102 S. Ct. 3164; 73 L. Ed. 2d 868; 1982 U.S. LEXIS 150 |
Case history | |
Prior | On appeal from the New York Court of Appeals, 446 N.E.2d 428 (N.Y. 1983). |
Holding | |
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. | |
Court membership | |
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Case opinions | |
Majority | Marshall, joined by Burger, Powell, Rehnquist, Stevens, O'Connor |
Dissent | Blackmun, joined by Brennan, White |
Laws applied | |
U.S. Const. amends. V, XIV |
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