This decision does not alter analysis of gov't power to require landlords to comply with building codes and provide utility connections, mailboxes, smoke detectors, fire extinguishers, etc.Using this traditional rule avoids difficult line-drawing problems.Can dispose of it, but the permanent occupation will ordinarily empty the right of any value.Has no power to exclude and can make no non-possessory use of the land.Owner has no right to occupy it himself since he has no right to exclude.Permanent physical occupations are perhaps the most serious form of invasion of an owner's property interests.However, when the character of the gov't action is a permanent physical occupation of property, it is a taking without regard to whether the action achieves an important public benefit or has only minimal economic impact on the owner.A physical invasion and restrictions on use are subject to the balancing test.
The Court has always distinguished between permanent physical occupations, physical invasions short of occupation, and regulations that merely restrict the use of property.Accord is found in Northern Transportation v.Green Bay, Court held that where real estate is actually invaded so as to effectively destroy or impair its usefulness, it is a taking. This Court has long considered a physical intrusion by the gov't to be a property restriction of an unusually serious character for purposes of takings.Our cases establish that when a physical intrusion reaches the extreme form of a permanent physical occupation, a taking has occurred.A minor but permanent physical occupation of an owner's property authorized by the government constitutes a taking of property.Does a minor but permanent physical occupation of an owner's property authorized by the government constitute a taking of property?.She brought suit alleging the law constituted a taking. Loretto bought an apartment building where Teleprompter had cable installed on the roof.The landlord may not demand payment in excess of any amount which the state commission shall determine to be reasonable.
#Loretto v teleprompter manhattan catv corp install
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